Employment queries

I am working full time as an English teacher in a learning center. I am not paid on an hourly rate, I have a contract that guarantees me a set figure every month however when the center closes on statutory holidays these hours are deducted from my salary. I have no idea wether this is correct or wether I am entitled to be paid for statutory holidays.


I would appreciate any help on this matter.


Thank you

As far as I'm aware if your salary is paid by the month then you should be paid for any statutory holidays. And re the HK ID card, if you don't have one I'm not sure you should be working full time...

Without knowing which country you are in, it is a bit difficult to answer your question. If you are in HK, then the Employment Ordinance covers this. Cap. 57, Sec 40 & 41.


Sec. 40

Subject to section 12(11), an employee who has been employed by his employer under a continuous contract for a period of 3 months immediately preceding a statutory holiday shall, not later than the day on which the employee is next paid his wages after that holiday, be paid by his employer holiday pay at the rate specified in section 41, whether the employee takes a holiday on the statutory holiday or on an alternative or substituted holiday or a holiday under section 39(4).


Sec. 41

(1) Holiday pay shall be a sum equivalent to the wages which the employee would have earned on a full working day. (Amended 41 of 1990 s. 18)

(2) Notwithstanding subsection (1), where an employee is employed on piece rates or where the daily wages of an employee vary from day to day, the holiday pay shall be a sum equivalent to the average daily wage earned by the employee, and for the purposes of this subsection the average daily wage shall be the average of the daily wages earned by the employee on each day on which he worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on the holiday or first day of the holidays.

Are you working in HK?


Weir & Associates

Solicitors & Notaries

2108 Gloucester Tower

The Landmark

15 Queens Road Central

Hong Kong

Tel ; 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/wweirlaw

in HK or the PRC??



Weir & Associates

Solicitors & Notaries

2108 Gloucester Tower

The Landmark

15 Queens Road Central

Hong Kong

Tel ; 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/wweirlaw