Employment Ordinance

(1)
Every employer who intends to close down his business or part thereof for the purpose of granting annual leave to any of his employees shall give one month’s notice in writing of his intention so to do to every employee who will as a result have to take annual leave or otherwise stop work during the period of closure.
(2)
The provisions of subsection (1) shall be deemed to be complied with if not later than one month before commencement of the period of closure, the employer exhibits in a conspicuous place in the place of employment notice of the closure and of the names of all employees who will as a result have to take annual leave or otherwise stop working, or in lieu of such names, a description or other details enabling such employees to be clearly identified.
(3)
Every person who is an employee at the commencement of the period during which the business or part thereof is closed down for the purpose specified in subsection (1), and who is not otherwise entitled to annual leave pay in respect of any day during that period, shall, as regards the period beginning on the appropriate day and ending on the day preceding the first day of the close down, be entitled to annual leave calculated in accordance with subsection (4).
(Amended
53 of 1990 s. 4
)
(4)
The amount of annual leave to which an employee is entitled under subsection (3)
                shall be determined as
follows—
(a)
a calculation shall be made using the
                        formula
A
× B
365
where─
A
is the number of days in the period beginning on the relevant day and
                        ending on the day preceding the first day of the close down as regards which
                        the entitlement arose; and
B
is the annual leave to which the employee would be entitled under this
                        Ordinance had there been no close down (or partial close down) of the
                        business concerned and had he been in his employment under a continuous
                        contract for the period of 12 months beginning on the relevant
                        day;
(b)
where the result is not a whole number, the result shall be rounded up to
                    the next whole number; and
(c)
(i)
if the result or, where appropriate, the result when rounded up (which
                        result in this section referred to as
the
                                calculated
                        number
)
                        equals or is less than the number of days occurring during the relevant
                        close down being days and as regards none of which the employee is, apart
                        from subsection (3), entitled to annual leave (which days are in this
                        section referred to as
relevant
                                closure
                        days
),
                        the amount of annual leave shall equal the number of relevant closure days;
                        or
(ii)
if the calculated number exceeds the number of relevant closure days,
                        the number of days of annual leave shall equal the calculated number.
(Added
53 of 1990 s. 4
)
(5)
Where an employee is entitled to annual leave under subsection (3) and such leave exceeds the relevant closure days, unless the employee and his employer otherwise agree, the remaining annual leave shall be granted by the employer and be taken by the employee during an unbroken period beginning on the working day next following the last day of the relevant close down or, in case there is only 1 day’s remaining annual leave, it shall be so given and taken on such working day.
(Added
53 of 1990 s. 4
)
(6)
For the avoidance of doubt it is hereby declared that where an employee is entitled to annual leave under subsection (3), no period shall, by reason only of the entitlement, be regarded for the purposes of this Ordinance as being a leave year.
(Added
53 of 1990 s. 4
)
(7)
In this section
the relevant day
(
有關日期
) means, in relation to an
employee—
(a)
where the employee previously became entitled under subsection (3) to
                        any annual leave in the immediately preceding period of 12 months, the first
                        day of the close down as regards which the entitlement arose,
                        or
                        where he became so entitled more than once in such period of 12 months, the
                        first day of the more or most recent, as appropriate, of such close downs;
                        or
(b)
in any other
case—
(i)
the day following the end of the employee’s last (or only) leave year; or
(ii)
where there is no such leave year, the day on which his employment commenced.
(Added
53 of 1990 s. 4
)