### Employment Ordinance 《僱傭條例》

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

### Employment Ordinance 《僱傭條例》

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.

### Employment Ordinance 《僱傭條例》

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)

### Employment Ordinance 《僱傭條例》

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 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

41G. Employer to keep annual leave records
Every employer shall keep a record of—
(a) the date of commencement and termination of—
(i) the employment of each employee;
(ii) all periods of annual leave taken by each employee; and
(iii) all periods of closure of his business or part thereof for the purpose of granting any annual leave to any of his employees; and
(b) all annual leave pay received by each employee.