香港労働法 Hong Kong Labor Issues #62 日本人のための香港労働問題研究：雇用条例 (Employment Ordinance) VIII-VIIIA:日本語版
Updated: Mar 17, 2022
労働ニュース及び政策上の変化或いは特色
2021年が残り数日になり、オミクロンによる第五波のアウトブレイクがジリジリ迫り来る中で、最近の香港の労働ニュースで、単にPRでしかないもの、既に論及し新しい観点を提供しないものを除外すると、公営団地の清掃員達の労働運動が比較的良い事例を他の労働者や労組にも提供している。
前回の論考で簡潔に言及した各人何らかの理由で視界不良であっても、とにかく労働問題に限定されないが、トラブルに際して資本の側の何でも要求する署名、文書同意を一切拒否するという一般的な方法は、95％以上は署名の法定義務がない事(つまり、資本に要求されて同意、署名し、提出という法的に強制されるという意味でのいわゆる義務；例えばMPFや病欠の医師の診断証明などの類)を理解した上で、自ら無意味に法的に不利益な立場（告訴可）に身を置くのを避けるだけでなく、騙される事をさらに防止する事にも有効である。そもそも雇用契約自体が任意である。
ついでに、補足すると、企業内の文書の受け取り確認や説明を受けた確認のサインは、当然法定義務はない。それどころか、香港の人事部のオペレーションでは各文書の末尾において要求する受け取り確認や、説明を受けた確認のサインなどは「同意」 と解釈して自動的に処理するのが通例である曖昧な点に要注意。同意しないから、欺瞞であるとして明確に「不同意」の旨を人事部に文書で通知し、撤回破棄する必要がある。
2002年に成立した清潔工人職工會は、2021年12月23日の記者会見で、荃灣象山邨に勤務する清掃員達を雇用する外部請負業者が、政府の房屋署（住宅署）との契約が継続されない事から、当該労働者達（6年から12年勤続）に配置転換同意書なる全く労働者側に同意や署名の法的義務のない文書（労働者は、断片的に思考してしまい全体の、そして具体的なその案件に関する脈絡を見ない傾向がある）にサインさせ、サインしないなら解雇すると脅したと言う（脅迫）。ところが、その配置転換先は故意に人員充足で、必然的に過剰になる公営団地である点から、これは自発的な離職を促し、間接的な解雇の手段により、整理解雇に伴う2年以上勤務の労働者が享受できる遣散費支払いを回避するのが狙いであるのが浮き彫りになった。これは、資本による搾取の搾取である。
何度も強調すると、ここでの「義務」とは建前であり、実際は強制の意味である。配置転換は、日本の労働環境では、配置転換自体を契約書で明文で否定していない限り、3年が経つと資本の側は本人の同意なく配置転換できる。たとえば、転勤がそれである。香港では、契約内容の変更は資本の側で一方的にできない法制であるが、法律の言語は一般の観念・用語の意味とは差異がある。ここで真に効果を有しているのは契約内容の一方的な変更は資本による解雇に等しいという法理と条文内容だけであり、「配置転換同意書」 なる企業の任意によるアリバイ文書の類い自体ではない。また、これらを断片的に見ないで、全体の具体的なこの件の脈絡として見ると、遣散費支払いを回避というのがそのペーパーの本質である。つまり、この件では一方的な変更をしても、そこには資本の遣散費支払いを回避の目的に適うものがないのである。
また、法定のフォーマットで、「配置転換同意書」 なる文書など存在しないという点も決定的に重要である。
ここにも、資本に奉仕する人事HRというもののDNAが顕著に表れている。人事部自体の勤務評定というのは、資本のために、資本の運動として、労働者側の福利を最小化、つまり資本の負担を最小化する形で、資本の剰余労働の搾取に最大限尽くす事である。いわゆる利潤、資本の自己増殖と無関係の部門は企業には存在しない。各部門ごとの形式や世間のそれに対する固定観念が違うだけで、全ては一つの資本の運動である。「良い人材を見つける」 云々は、資本の運動としての人事の本質を美化、理想化した観念、解釈であり、粉飾である。
多名荃灣象山邨外判清潔工人向房屋署投訴，慘遭「假調職，真解僱」苦況。有份協助該批工人的清潔工人職工會今日(23日)指出，上述工人因所屬的承辦外判商於今年底與房署續約不成，於是安排工人簽署調職同意書，調至其他早已「夠人手」的公共屋邨，意味未必有足夠職位吸納今次受影響的工人，而工人只能選擇接受或自動離職。工會批評此舉迫工人簽署自動離職，間接解僱他們，從而逃避賠償責任，令其損失多年辛勞工作所應得的遣散費；要求房屋署督促涉事外判商承擔責任，支付工人相應賠償。工會指出，今次到象山邨屋邨辦事處門外請願的涉事外判清潔工共約24人，他們有些已在該邨工作逾14年，有些為現時承辦外判的清潔公司已效力逾6年。由於今次涉事的清潔公司續約不成功而將要離場，公司向工人提供調職同意書，列出調職至梨木樹邨及福來邨。惟以工會所知，此2邨目前人手充足，認為涉事公司難以將象山邨工人安置在人手飽和的其他屋邨，直斥此舉明顯是「假調職，實卸責」，意圖工人自動離職，從而逃避提供遣散費的責任，形容行為無良，要求房屋署不應置身事外。(1)
そしてこれは、何でも同意署名要求のアリバイ文書作成の手口の典型的な事件でもある。狙いは、いずれにしろ解雇であるが、自発的な離職で法定権益放棄＝資本の支払い義務の回避を促す不誠実な配属転換同意書なるものはそれ自体露骨な詐欺である。そして、ポイントはこのような何でも同意署名のアリバイ文書作成の手口を採用しているという点でそもそも反社会的であるのを露呈している。
香港雇用条例 日本語翻訳版
【原文】
Part VIII Holidays with Pay
(Part VIII added 39 of 1973 s. 5. Format changes—E.R. 2 of 2012)
39. Grant of holidays
(1) Subject to subsections (1A), (2) and (3), an employee shall be granted a statutory holiday by his employer on each of the following days*— (Amended 137 of 1997 s. 3) (a) Lunar New Year’s Day or, if that day falls on a Sunday, then the fourth day of Lunar New Year; (Amended 27 of 1982 s. 2; 23 of 2011 s. 5) (b) the second day of Lunar New Year or, if that day falls on a Sunday, then the fourth day of Lunar New Year; (Amended 23 of 2011 s. 5) (c) the third day of Lunar New Year or, if that day falls on a Sunday, then the fourth day of Lunar New Year; (Amended 23 of 2011 s. 5) (d) Ching Ming (清明) Festival; (da) Labour Day, being the first day of May; (Added 100 of 1997 s. 2. Amended 35 of 1998 s. 5) (e) Tuen Ng (端午) Festival; (Amended 35 of 1998 s. 5) (f) the day following the Chinese Mid-Autumn (中秋) Festival or, if that day falls on a Sunday, then the second day following that Festival; (Amended 27 of 1982 s. 2; 23 of 2011 s. 5) ; (g) the Chung Yeung (重陽) Festival; (h) the Chinese Winter Solstice Festival (冬節) or Christmas Day, at the option of the employer; (i) the first day of January; (Replaced 53 of 1976 s. 2) (j) Hong Kong Special Administrative Region Establishment Day, being the first day of July; and (Added 137 of 1997 s. 3. Amended 35 of 1998 s. 5) (k) National Day, being the first day of October. (Added 137 of 1997 s. 3. Amended 35 of 1998 s. 5) (1A) The operation of subsection (1)(da) shall be suspended for the year 1998. (Added 137 of 1997 s. 3) (2) An employer may, instead of granting an employee a holiday on a statutory holiday, grant the employee an alternative holiday on another day (which is not a statutory holiday or a substituted holiday) within the period of 60 days immediately preceding or next following the statutory holiday, if the employer has notified the employee, either orally or in writing or by notice posted in a conspicuous place in the place of employment, of the day on which he will be granted the alternative holiday— (a) where the alternative holiday is to be taken on a day within the period of 60 days immediately preceding the statutory holiday, not less than 48 hours before that day; or (b) where the alternative holiday is to be taken on a day within the period of 60 days next following the statutory holiday, not less than 48 hours before the statutory holiday. (2A) Subsection (2) shall apply to and in relation to a holiday under subsection (4) as it applies to and in relation to a statutory holiday. (Added 137 of 1997 s. 3) (3) An employer and his employee may agree that another day shall be substituted for a statutory holiday or an alternative holiday or a holiday under subsection (4), if such substituted holiday falls within the period of 30 days of such statutory holiday, alternative holiday or holiday under subsection (4). (Amended 27 of 1982 s. 2) (4) Where— (a) a statutory holiday falls on a rest day, or in the case of an employee who is a young person, on a day on which, by virtue of the Employment of Young Persons (Industry) Regulations (Cap. 57 sub. leg. C), the employment of the employee in an industrial undertaking is not allowed, the employee shall be granted a holiday on the next day thereafter which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day; or (Amended 7 of 2001 s. 9) (b) a statutory holiday falls on the same day as that of another statutory holiday, an employee shall be granted a holiday on the next day thereafter which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day. (Replaced 137 of 1997 s. 3) #(5)-(9) (Repealed 137 of 1997 s. 3) (Amended 53 of 1976 s. 2; 137 of 1997 s. 3)
Editorial Note:
* For additional statutory holidays in 1981, 1986, 1997 and 2015, see 39 of 1981, 35 of 1986, 84 of 1997, s. 2(1) of 111 of 1997 and s. 2(b) of 9 of 2015. For savings provisions, please see s. 6 of 137 of 1997.
40. Payment of holiday pay
Subject to section 12(11), an employee who has been employed by his employer under a continuous contract for a period of 3 months immediately preceding a statutory holiday shall, not later than the day on which the employee is next paid his wages after that holiday, be paid by his employer holiday pay at the rate specified in section 41, whether the employee takes a holiday on the statutory holiday or on an alternative or substituted holiday or a holiday under section 39(4). (Amended 53 of 1976 s. 3; 71 of 1976 s. 6; 48 of 1984 s. 17)
40A. Restriction on pay in lieu of holiday
(1) Subject to subsection (2), no payment of holiday pay payable under section 40, or other sum, shall be made in lieu of the grant of a holiday. (2) Notwithstanding subsection (1), where a contract of employment of an employee is terminated, holiday pay in respect of a holiday granted as an alternative holiday or substituted holiday under section 39(2), (2A) or (3) prior to the termination of the contract of employment but falling after such termination shall be paid to that employee as soon as is practicable but in any case not later than 7 days after the day of termination; and such holiday pay shall be calculated in accordance with section 41 as if the contract of employment had not been terminated. (Amended 137 of 1997 s. 4; 7 of 2007 s. 11) (Added 48 of 1984 s. 18)
41. Rate of holiday pay
(1) For the purposes of subsections (2), (3) and (4), wages (工資) includes any sum paid by an employer in respect of— (a) a day of maternity leave, a day of paternity leave, a rest day, a sickness day, a holiday or a day of annual leave taken by the employee; (Amended 21 of 2014 s. 11) (b) a day of leave taken by the employee with the agreement of his employer; (c) a normal working day on which the employee is not provided with work; (d) a day of absence from work of the employee due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282). (2) The daily rate of holiday pay is a sum equivalent to the daily average of the wages earned by the employee during— (a) the period of 12 months immediately before the holiday or first day of the holidays (as appropriate); or (b) if the employee has been employed by the employer concerned for a period shorter than 12 months immediately before the holiday or first day of the holidays (as appropriate), the shorter period. (3) In calculating the daily average of the wages earned by an employee during the period of 12 months or the shorter period— (a) any period therein for which the employee was not paid his wages or full wages by reason of— (i) any maternity leave, paternity leave, rest day, sickness day, holiday or annual leave taken by the employee; (Amended 21 of 2014 s. 11) (ii) any leave taken by the employee with the agreement of his employer; (iii) his not being provided by his employer with work on any normal working day; or (iv) his absence from work due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282); and (b) any wages paid to him for the period referred to in paragraph (a), are to be disregarded. (4) For the avoidance of doubt, if the amount of the wages paid to an employee in respect of a day specified in subsection (1) is only a fraction of the amount earned by the employee on a normal working day, the wages and the day are to be disregarded in accordance with subsection (3). (5) Despite subsection (2), if for any reason it is impracticable to calculate the daily average of the wages earned by an employee in the manner provided in that subsection, the amount may be calculated by reference to the wages earned by a person who was employed at the same work by the same employer during the period of 12 months immediately before the employee’s holiday or first day of the holidays (as appropriate), or, if there is no such person, by a person who was employed in the same trade or occupation and at the same work in the same district during the period of 12 months immediately before the employee’s holiday or first day of the holidays (as appropriate). (6) If, pursuant to the terms of his contract of employment or any other agreement or for any other reason, an employee is paid by his employer a sum of money in respect of a holiday taken by him, the holiday pay payable to the employee in respect of that holiday is to be reduced by the sum. (Replaced 7 of 2007 s. 12)
Part VIIIA Annual Leave with Pay
(Part VIIIA added 53 of 1977 s. 3. Format changes—E.R. 3 of 2015)
41A. Definitions (Part VIIIA)
In this Part, in relation to an employee— appropriate day (適用日) means— (a) where the employee becomes entitled under section 41F(3) to any annual leave, the first day of the close down as regards which the entitlement arises or where he becomes so entitled more than once in any period of 12 months, the first day of the more or most recent, as appropriate, of such close downs; or (b) where the employee does not become so entitled— (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; final employment period (最終僱傭期) means the period beginning on the appropriate day and ending on the termination of his employment; leave year (假期年), unless the context otherwise requires, means any period of 12 months— (Amended 61 of 1993 s. 6) (a) commencing on— (i) in case the employee is entitled under section 41F(3) to any annual leave, the first day of the close down as regards which the entitlement arose; or (ii) in the case of any other employee, the day on which his employment commenced; or (b) commencing on an anniversary of such day; notional leave pay (假定假期薪酬) means an amount equal to the annual leave pay which would have been due to the employee had his contract of employment terminated, or been terminated, on the appropriate day’s anniversary next following such contract’s actual termination and had that pay been calculated in accordance with section 41C.(Amended 7 of 2007 s. 13) (Replaced 53 of 1990 s. 2)
41AA. Annual leave
(1) Subject to this Part, every employee who has been in employment under a continuous contract for not less than 12 months shall, in respect of each leave year, be entitled to paid leave (in this Part referred to as annual leave) calculated in accordance with subsection (2). (2) Where an employee has been in employment under a continuous contract for a period specified in column (1) of the Table to this section, the amount of annual leave to which he shall be entitled in respect of any leave year in that period shall be the number of days specified in column (2) of such Table in respect of the period. (3) Subject to subsection (5)(c), times at which annual leave is granted shall be determined by the employer after consultation with the employee concerned or his representatives. (4) An employer shall give an employee not less than 14 days’ notice in writing of the time he has determined for the grant of a period of annual leave, except where a shorter period of notice is agreed to by the employer and employee. (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; (b) subject to paragraph (c), shall be for an unbroken period; and (c) subject to subsection (9), shall, if the employee so requests his employer, be divided as follows— (i) where the leave entitlement does not exceed 10 days, it shall be granted on consecutive days except that not more than 3 days of the period of leave may be granted on any day or days (whether consecutive or not); and (ii) where such entitlement exceeds 10 days, 7 days of the period of leave shall be granted on consecutive days and the remaining leave may be granted on any day or days (whether consecutive or not). (6) If a rest day or holiday falls within any period of annual leave granted in accordance with this section, it shall be counted as annual leave and another rest day or holiday shall be substituted in accordance with section 18(5) or section 39(2), (2A), (3) or (4), as the case may require.(Amended 137 of 1997 s. 5) (7) No period of total incapacity for work by reason of sickness or injury occurring during a period of annual leave shall count as part of that annual leave unless it commences after the commencement of the period of annual leave. (8) Where— (a) an employer continues to employ an employee after the expiration of a period during which annual leave should have been granted to him and the employer has not granted that leave, then at the option of the employee but subject to paragraph (b) the employer shall (whether or not proceedings have been taken for an offence under section 63(4)(e))— (i) pay to the employee, in addition to any pay due to him, compensation equal in amount to the annual leave pay which he would have received had the leave been granted so as to end on the expiration of the period during which it should have been granted; or (ii) grant the employee paid leave equal to the leave which should have been granted; (b) an employee opts under paragraph (a) to take paid leave, he shall take the leave on such day or days as may be agreed to by the employer and him or, if there is no such agreement, as shall be specified by the employer. (9) Where— (a) an employer proposes to close down his business or part thereof for the purpose of granting annual leave to any of his employees; and (b) notice of the proposed close down is duly given under section 41F; and (c) such close down will not result in any person who has been in employment in the business under a continuous contract for 12 months or more having to take annual leave on fewer consecutive days than— (i) where his leave entitlement does not exceed 10 days, the number of consecutive days’ leave that would be required to be granted under subsection (5)(c)(i) were his leave being divided under that subsection; (ii) 7 days where his leave entitlement exceeds 10 days, then nothing in this section shall prevent or restrict, or be construed as preventing or restricting, the close down. (10) For the avoidance of doubt it is declared that annual leave is, and shall be granted, in addition to the rest days, holidays, maternity leave and paternity leave to which an employee is entitled under this Ordinance. (Amended 21 of 2014 s. 12) Table (1)(2)Number of days’ annual leave for a leave year ending— Period of employmentin the part of 1990 beginning on the coming into operation of this Table and ending on the following 31 December in 1991 in 1992 in 1993 in 1994 or in any subsequent year:
At least 1 year but less than 3 years At least 3 years but less than 4 years At least 4 years but less than 5 years At least 5 years but less than 6 years At least 6 years but less than 7 years At least 7 years but less than 8 years At least 8 years but less than 9 years At least 9 years (Added 53 of 1990 s. 2) [See the original text for this part]
41AB. Option for common leave year
(1) Notwithstanding anything in this Part, an employer may, at his option, elect to use a 12 month period determined by him as the leave year for the purpose of calculating the annual leave of all of his employees and, in that case, each of his employees is entitled to an annual leave under this Part determined in accordance with this section. (2) An employer shall, before making an election under this section, give 1 month’s notice— (a) to each of his employees in writing; or (b) by posting a notice in a conspicuous place in the place of employment, stating his intention to make the election, the 12 month period he intends to elect to use and the date from which he will commence using it. (3) Where an employer makes an election under this section, he shall thenceforth use that 12 month period as the leave year for the purpose of calculating the annual leave entitlement of all of his employees and, where an employee has not been in employment under a continuous contract for the full period of a leave year— (a) the employer shall calculate the leave entitlement on a pro rata basis, based on the number of calendar days between the day the employee commenced employment and the end of the leave year, divided by 365, and any fraction of a day resulting from the calculation shall be counted as a full day’s leave; and (b) the employee may, at his option— (i) after consultation with his employer, take his leave entitlement for the pro rata portion referred to in paragraph (a); or (ii) carry it forward and combine it with his leave entitlement for the next full leave year. (4) Where an employee was already employed on the day an employer commences using a 12 month period for calculating annual leave for all of his employees under this section— (a) the employee is entitled to an annual leave calculated on a pro rata basis, based on the number of calendar days between the day he commenced employment (or the anniversary of such day, as the case may be) and the day preceding the day on which the employer commenced using the 12 month period under this section, divided by 365, and any fraction of a day resulting from the calculation shall be counted as a full day’s leave; and (b) the employee may, at his option— (i) after consultation with his employer, take his leave entitlement for the pro rata portion referred to in paragraph (a); or (ii) carry it forward and combine it with his leave entitlement for the first full leave year calculated in accordance with this section. (5) Where section 41F applies to an employer who has made an election under this section— (a) the annual leave granted shall be in respect of the leave year immediately preceding the period of the close down; and (b) section 41F(3) to (6) shall not apply to the calculation of the leave entitlement. (Added 61 of 1993 s. 7)
41B. Payment of annual leave pay
Where an employee is granted any period of annual leave, the employer shall pay him annual leave pay in respect of that period not later than the day on which he is next paid his wages after that period.
41C. Rate of annual leave pay
(1) For the purposes of subsections (2), (3) and (4), wages (工資) includes any sum paid by an employer in respect of— (a) a day of maternity leave, a day of paternity leave, a rest day, a sickness day, a holiday or a day of annual leave taken by the employee; (Amended 21 of 2014 s. 13) (b) a day of leave taken by the employee with the agreement of his employer; (c) a normal working day on which the employee is not provided with work; (d) a day of absence from work of the employee due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282). (2) The daily rate of annual leave pay is a sum equivalent to the daily average of the wages earned by the employee during— (a) the period of 12 months immediately before the day of annual leave, the first day of the annual leave or the date of termination of the contract of employment (as appropriate); or (b) if the employee has been employed by the employer concerned for a period shorter than 12 months immediately before the day of annual leave, the first day of the annual leave or the date of termination of the contract (as appropriate), the shorter period. (3) In calculating the daily average of the wages earned by an employee during the period of 12 months or the shorter period— (a) any period therein for which the employee was not paid his wages or full wages by reason of— (i) any maternity leave, paternity leave, rest day, sickness day, holiday or annual leave taken by the employee; (Amended 21 of 2014 s. 13) (ii) any leave taken by the employee with the agreement of his employer; (iii) his not being provided by his employer with work on any normal working day; or (iv) his absence from work due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282); and (b) any wages paid to him for the period referred to in paragraph (a), are to be disregarded. (4) For the avoidance of doubt, if the amount of the wages paid to an employee in respect of a day specified in subsection (1) is only a fraction of the amount earned by the employee on a normal working day, the wages and the day are to be disregarded in accordance with subsection (3). (5) Despite subsection (2), if for any reason it is impracticable to calculate the daily average of the wages earned by an employee in the manner provided in that subsection, the amount may be calculated by reference to the wages earned by a person who was employed at the same work by the same employer during the period of 12 months immediately before the employee’s day of annual leave, the first day of his annual leave or the date of termination of his contract of employment (as appropriate), or, if there is no such person, by a person who was employed in the same trade or occupation and at the same work in the same district during the period of 12 months immediately before the employee’s day of annual leave, the first day of his annual leave or the date of termination of his contract of employment (as appropriate). (6) If, pursuant to the terms of his contract of employment or any other agreement or for any other reason, an employee is paid by his employer a sum of money in respect of a day of annual leave taken by him, the annual leave pay payable to the employee in respect of that day of annual leave is to be reduced by the sum. (Replaced 7 of 2007 s. 14)
41D. Payment of annual leave pay on cesser of employment
(1) Where— (a) an employee ceases to be employed; and (b) annual leave is due to him, the person by whom he was formerly employed shall, as soon as practicable and in any case not later than 7 days after such cesser, pay to him in respect of the annual leave compensation equal in amount to the annual leave pay he would have received had the leave so due been granted immediately after such cesser. (2) Where— (a) an employee ceases to be employed; (b) the cesser occurs otherwise than on the expiration of a leave year of the employee; (c) his contract of employment terminates or is terminated otherwise than under section 9 for any reason whatsoever (including his resignation); and (d) the termination occurs at least 3 months after the appropriate day, he shall, as soon as practicable and in any case not later than 7 days after the termination, be paid by the person by whom he was formerly employed, in addition to any sum due under subsection (1), a sum equal in amount to that which bears to the notional leave pay the same proportion as the number of days in the final employment period bears to 365. (Replaced 53 of 1990 s. 3)
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. (Replaced 53 of 1990 s. 3)
41EA. Inclusion of certain provisions in contracts of employment prohibited
The inclusion by any person in a contract of employment of any term or condition which purports to affect in any way the provisions of section 41E(2) in their application to such employee, is prohibited and any such term or condition, if so included, shall be void. (Added 53 of 1990 s. 3)
41F. Annual leave shutdown
(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 peri