Posted by
SirKimo
8 yrs ago
Can someone please tell me whether or not my employer is supposed to give me an alternate holiday IF a statutory holiday falls on one of my rest days?
But here's the catch: I said "one of my rest days".
It is clear that employers must give at least ONE rest day, and if a statutory holiday falls on that rest day, then they must give alternate holiday.
What's NOT clear is if you get TWO rest days. And HR told me they are entitled to use extra days off (which are over and above the statutory minimum of 1 "rest day") to compensate for statutory holiday days falling on other rest days (apparently from Tam Wai Mei v Cathay Pacific Airways Limited (7 October 2005).
Can someone help here? Maybe I should ask that my contract specifies which of my days off is a rest day, and which is a contractual day off? Is re-negotiating a contract here even possible?
http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/277C0DAA6FCB2973482575EE00348F4E/$FILE/CAP_57_e_b5.pdf
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Call the Labour Dept, Tel: 2717 1771. they will advise you
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