HELP: holiday entitlement - is this legal?

Closed Thread
Page 1 of 4 1 2 3 4 LastLast
  1. #1

    HELP: holiday entitlement - is this legal?

    Hi,

    If anyone can help out here I'll be extremely grateful.

    My girlfriend has just found out that she is not entitled to take a single day of holiday until she has been working at the job for 12 months. In effect, you have to accrue your holiday, to take retrospectively.

    As it is she works six day weeks, often does several hours of unpaid overtime a week, and now this.

    Does anyone know if this is normal? Or at least legal? I know my company is different and holiday is the same as in the UK - you have a certain amount to take over 12 months and can book the lot at the start of the year if you want to.

    Thanks to any legal eagles out there.

    Feel free to PM me.


  2. #2

    Join Date
    Aug 2005
    Location
    Clear Water Bay (In Da Jungle)
    Posts
    9,968

    yes its legal, it follows the labour law. I have worked in a US company before where they follow this, 7 days annual leave and must work for the whole year before being allowed to take any. That company sucked. LOL

    http://www.labour.gov.hk/eng/public/...seGuide/04.pdf look at page 4.

    Last edited by wtbhotia; 11-02-2009 at 05:00 PM.

  3. #3

    that's amazing.

    i assume you can't take the first and second year's holiday entitlement in the second year? presumably the second year's has to be taken in year three.

    and here was me looking forward to some good holidays now we're in asia. not this year anyway!


  4. #4

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    As wtbhotia says, that is the legal minimum, yes. Shouldn't she have determined how this sort of thing worked before she accepted the job?

    The Labour Department's "Concise Guide" to the Employment Ordinance is here: Labour Department - Publications


  5. #5

    Join Date
    Oct 2006
    Location
    Sarcasm - because beating the crap out of people is illegal
    Posts
    14,622

    To leedseagle: she may be able to wrangle some unpaid leave, if her boss is obliging.

    And if you need the wording of the Employment Ordinance, it's SECT 41AA:

    (5) Annual leave to which an employee is entitled-

    (a) shall be granted by his employer and be taken by the employee within the period of 12 months beginning immediately after the expiration of the leave year to which it relates

    Last edited by Claire ex-ax; 11-02-2009 at 05:03 PM.

  6. #6

    yeah PDLM, you're right.


  7. #7

    thanks claire. but that's not all companies then? mine doesn't work like that


  8. #8

    Join Date
    May 2008
    Posts
    325

    She should still get the general (or is it statutory) holidays off though.


  9. #9

    Join Date
    Feb 2009
    Posts
    8

    Holiday Entitlement

    By way of a third opinion, everyone is absolutely correct. Employment rights are fairly scant here compared to the UK and US, so don't assume everything will be in line with those standards.

    Some US companies do take advantage of the local rules with expat employees and there does sometimes appear to be a disparity between locally employed and those in the US especially where holiday entitlement is concerned.The theory is on balance US or HK the number of days adds up to the same ..... or thereabouts.

    Always check employment contracts thoroughly and don't assume.


  10. #10

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205
    Quote Originally Posted by octarine:
    She should still get the general (or is it statutory) holidays off though.
    Statutory. But they will probably be unpaid during the first 3 months.

Closed Thread
Page 1 of 4 1 2 3 4 LastLast