Question about accumulated holidays

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  1. #1

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    Question about accumulated holidays

    Question for all your HR gurus.

    Is there any law / legislation in Hong Kong which covers accumulated leave?

    If you have say 70-80 days accumulated and you know that there is no way you're going to be able to take that, or the company is going to allow you to take that holiday, what are your buyout options?

    Shri


  2. #2

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    Not sure the legal issues, I thought it came down to the employer. I have a friend who saved up about 100 days leave over several years and was allowed to take it in one go but not allowed to have the cash instead.

    Most contracts just state that you are "entitled" to so much leave, if you take it or not that is up to you. Usually I have been forced to take my leave or face losing it.


  3. #3

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    dont take leave, so cannot advise, as bon jovi says I'll sleep when I'm dead, but just had a serendiptious moment, which I caannot let pass


  4. #4

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    YICKS!!
    the new sever has managed to mangle a perfectly good jpg
    well thats shri on the left and kevin doing his chershire cat thingy in January, at Shunnabarts (where else?)


  5. #5

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    The server mangled it? Can you email it to me? Will have a looksie


  6. #6

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    limiting vacation?

    I dont believe HK has a law limiting vacation carryover. Its been some time since I looked at the Employee Ordinance - but I'm doing some research...

    However, most companies limit the days you can carry over, as the cash payout becomes very expensive as your salary increases. If your company has NOT stipulated "use it or lose it", well then they owe it to you, I guess... I've known companies to payout 30-40 days vacation time when a person leaves, if it is owing. Sometimes people just cannot take leave because of their work load (!) - when this happens (in companies that limit carryovers) it should be documented why they could not take their leave, and then get manager approval for the carry over.

    If this is an issue, don't take our word for it - get legal advice. I would recommend talking to Siobhan Mckeating of B&M. She's good.

    found this on the net, doesnt really address the issue, but doesnt limit the carryover either.
    http://www.careertimes.com.hk/englis.../legal0419.asp

    HK's laws are really vague sometimes.

    Last edited by heisha; 18-06-2003 at 10:06 AM.

  7. #7

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    Moving back to the topic.

    http://www.labour.gov.hk/eng/faq/cap57i.htm

    One thing that I did find is

    Terminal payments refer to the statutory entitlements that an employee is entitled to but has not yet been paid upon dismissal.
    These payments include - (a) wages;
    (b) payment in lieu of notice;
    (c) end of year payment;
    (d) maternity leave pay;
    (e) severance payment or long service payment;
    (f) sickness allowance;
    (g) holiday pay;
    (h) annual leave pay; and
    (i) any other payments due to the employee under the Employment Ordinance and his contract of employment.

    An employee may be awarded terminal payments even if he has not attained the qualifying length of service required for the entitlements. In such case, the terminal payments shall be calculated according to his actual length of service.
    Which means employers have to pay the annual leave that has been accumulated.

  8. #8

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    Heisha,

    Its not as much a legal issue as it is an issue of satisfying my curiosity. My HR department just sent me a notice that I have 73 days leave accumulated... and given the type of work I do -- i.e. run the regional ops for a US based company -- I do not see myself being able to take long holidays.

    I guess I'm going to throw this question back at HR and make them nervous ..


  9. #9

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    ooooeeer. 73 days at your current pay. That should make them sweat a bit hahahahahaha!


  10. #10

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    I predict three and a half bushels of peanuts....