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August 31, 2015

Hong Kong employers warned to allow staff the day off on Thursday or face a hefty fine

By Coconuts Hong Kong August 31, 2015 / 10:40 HKT

Hong Kong’s Labour Department has warned employers that they could face a fine of up to HKD50,000 if they do not allow their staff a day off this Thursday.

The one-off holiday was written into legislation earlier this year to mark the 70th anniversary of the “victory of the Chinese people’s war of resistance against Japanese aggression”, which is a rather self-righteous way of saying when the Japanese surrendered at the end of WWII. 

A spokesman for the Labour Department said, “Sept. 3, 2015 (Thursday) is an Statutory Holiday under the Employment Ordinance. Employers of all employees covered by the Employment Ordinance, including those of imported workers and foreign domestic helpers, irrespective of the hours of work or length of service of the employees, should arrange for the employees to take the Statutory Holiday on that day, or make alternative arrangements as specified by the law. They should also pay holiday pay to employees who have been employed under a continuous contract for three months or more before the Statutory Holiday”.

Any employer who cannot allow their staff to take the day off on Thursday must speak to employees by today to make other arrangements.

Failure to observe the holiday or provide another paid day off within the following 60 days is a prosecutable offence with a maximum penalty of HKD50,000. 

If you’re in any doubt about this very clear situation, you can consult “A Concise Guide to the Employment Ordinance” (a riveting read by all accounts), which is available at Labour Department offices online.

Print this out and pin it to your boss’ forehead today!

Photo: Chi Hang Lau

http://hongkong.coconuts.co/2015/08/31/hong-kong-employers-warned-allow-staff-day-thursday-or-face-hefty-fine