Public Holiday Compensation

BryanL · 06-09-2010, 10:52 AM

I am curious, if a public holiday (bank holiday) lands on a Sunday or a regular day off, are you owed another day off in lieu or at least monetary compensation? What happens if it is a public holiday and you must work on that day, are you granted the same, and get a day off in lieu or monetary compensation or nothing at all?

I understand that if it is a statutory holiday that lands on your regular day off or a Sunday, you must be given another day off or compensation. But it does not make it clear on a public holiday.

Thanks!

wtbhotia · 06-09-2010, 10:59 AM

Q1. What are the statutory holidays?
A1. An employee, irrespective of his length of service, is entitled to the following statutory holidays :

the first day of January

Lunar New Year's Day

the second day of Lunar New Year

the third day of Lunar New Year

Ching Ming Festival

Labour Day, being the first day of May

Tuen Ng Festival

Hong Kong Special Administrative Region Establishment Day, being the first day of July

the day following the Chinese Mid-Autumn Festival

Chung Yeung Festival

National Day, being the first day of October

Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)

Back to questions

Q2. Are the statutory holidays with pay or without pay?
A2. An employee having been employed under a continuous contract for not less than 3 months is entitled to pay on statutory holidays.

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Q3. Can an employer require an employee to work on statutory holidays?
A3. Yes. An employer is required to give his employee at least 48 hours' prior notice for work on a statutory holiday. The employer must then arrange an alternative holiday within 60 days before or after 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 substitute holiday. In this situation, an employer is advised to keep clear records of the alternative or substitute holiday taken by an employee.

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Q4. Can an employer make payment to an employee in lieu of a statutory holiday?
A4. No. An employer must not make any form of payment to an employee in lieu of a statutory holiday.
The employer who contravenes this provision is liable to prosecution and, upon conviction, to a fine of HK$50,000.

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Q5. If a statutory holiday falls on an employee's rest day, is it obligatory for the employer to grant the employee another holiday?

A5. Yes. If the statutory holiday falls on a rest day, a holiday should be granted on the day following the rest day which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day.

Claire ex-ax · 06-09-2010, 11:00 AM

Read this:
Labour Department - Frequently Asked Questions

Beaten to the post!

wtbhotia · 06-09-2010, 11:02 AM

regarding public holidays like christmas etc, its up to you and your employer and what it says on the contract i reckon. here is some more info for ya.

http://www.labour.gov.hk/eng/public/...seGuide/04.pdf

jaykay · 06-09-2010, 11:05 AM

Originally Posted by BryanL:

I am curious, if a public holiday (bank holiday) lands on a Sunday or a regular day off, are you owed another day off in lieu or at least monetary compensation? What happens if it is a public holiday and you must work on that day, are you granted the same, and get a day off in lieu or monetary compensation or nothing at all?

I understand that if it is a statutory holiday that lands on your regular day off or a Sunday, you must be given another day off or compensation. But it does not make it clear on a public holiday.

Thanks!

Basically no, but depends what you have in the contract with your employer. Employers only have to give you statutory holiday, many companies still do not give public holidays and are under no obligation to do so.

malarky · 07-09-2010, 05:21 PM

Follow up question: what is the definition of a "rest day"? The link to the website does not provide clear definition.

Some work places have a six day work week while others a five day work week. So what happens to employee that have a five day work week and the public holiday falls on a Saturday (which technically is not a work day for them and thus could be considered a rest day), does that mean they get an additional day off?