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The Labour Department reminds employers to grant statutory holidays to their employees.
The reminder was made as UPS SCS (Asia) Limited was fined $20,000 at the Tsuen Wan Magistrates' Courts recently for contravening the Employment Ordinance in making payment in lieu of granting statutory holidays to its employees. The prosecution was launched by the Labour Department.
During an inspection by labour inspectors in January this year, it was found that the company failed to grant the statutory holidays of the National Day and Chung Yeung Festival to two employees. It was also found that the company had paid an additional sum to the two employees in lieu of granting the statutory holidays.
Section 40A(1) of the Employment Ordinance stipulates that no holiday pay, or other sum, should be made in lieu of the grant of a holiday.
If the alternative holiday is to be granted within 60 days before the statutory holiday, at least 48 hours' prior notice must be given to the employee before the alternative holiday. If the alternative holiday is to be granted within 60 days after the statutory holiday, the 48 hours' prior notice must be given before the statutory holiday.
If the employer and employee agree, any day within 30 days of the statutory or alternative holiday may be taken by the employee as a substituted holiday.
Any employer who fails to do so is liable to a maximum fine of $50,000.
Ends/Saturday, April 28, 2007
Issued at HKT 11:00
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