Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.41E

Restriction on pay in lieu of leave

(1)
Where an employee is entitled to annual leave, subject to
sections 41AA(8
)(
a)
and
41D
and to subsection (2), no remuneration shall be paid to him by his employer in lieu of his taking all or any part of the annual leave.
(2)
Where an employee is entitled to more than 10 days’ annual leave in respect of a particular leave year, he may, in lieu of taking part of the leave, work on not more than the number of days by which such annual leave exceeds 10, and in case an employee so agrees, the amount payable to him in respect of any such day shall not be less than the aggregate of the
following—
(a)
the wages receivable by him in respect of the period worked on that day; and
(b)
the annual leave pay he would have received had he been granted leave on that day.