### Employment Ordinance 《僱傭條例》

17. Grant of rest days
(1) Subject to the provisions of this Part, every employee who has been employed by the same employer under a continuous contract shall be granted not less than 1 rest day in every period of 7 days. (Amended 71 of 1976 s. 3)
(2) Rest days shall be in addition to any statutory holiday, or alternative holiday or substituted holiday, to which an employee is entitled under section 39. (Replaced 39 of 1973 s. 3)

18. Appointment of rest days
(1) Rest days shall be appointed by an employer and he may appoint different rest days for different employees. (Amended 71 of 1976 s. 4)
(2) Subject to subsection (4), every employer shall, before the commencement of every month, inform each employee orally or in writing of his rest days in that month.
(3) The provisions of subsection (2) shall be deemed to be complied with if an employer exhibits in a conspicuous place in the place of employment and for so long as it applies a roster showing the days appointed to be rest days for each employee during the month.
(4) Subsection (2) shall not apply where rest days are appointed on fixed days in each period of 7 days on a regular basis. (Amended 71 of 1976 s. 4)
(5) An employer may, with the consent of his employee, substitute for any rest day appointed under this section some other rest day—
(a) within the same month and before the rest day so appointed; or
(b) within the period of 30 days next following the rest day so appointed.

19. Compulsory work on rest days
(1) Subject to subsection (2), no employer shall require an employee to work on any of his rest days.
(2) An employer may require an employee to work on his rest day if it is necessary to do so by reason of a breakdown of machinery or plant or other unforeseen emergency of any nature.
(3) An employer shall substitute for any rest day on which an employee is required to work under subsection (2) some other rest day within the period of 30 days next following, notice of which shall be given to the employee within 48 hours after the employee is so required to work.

20. Voluntary work on rest days
(1) An employee may, at his own request and if the employer agrees, work for his employer on a rest day.
(2) An employee may, at the request of his employer, work for his employer on a rest day.

### Employment Ordinance 《僱傭條例》

21. Void conditions
Any condition in a contract of employment which makes the payment of any annual bonus, or any end of year payment or any proportion thereof, subject to working on rest days granted under this Part shall be void.
(Amended 48 of 1984 s. 10)

21A. Application of Part IVA
Section 21C shall apply to every person to whom an offer of employment is made or is about to be made or who otherwise is a prospective employee.
(Replaced 41 of 1990 s. 7)

21B. Rights of employees in respect of trade union membership and activities
(1) Every employee shall as between himself and his employer have the following rights—
(a) the right to be or to become a member or an officer of a trade union registered under the Trade Unions Ordinance (Cap. 332);
(b) where he is a member or an officer of any such trade union, the right, at any appropriate time, to take part in the activities of the trade union;
(c) the right to associate with other persons for the purpose of forming or applying for the registration of a trade union in accordance with the provisions of the Trade Unions Ordinance (Cap. 332); (Amended 101 of 1997 s. 26)
(d) (Repealed 135 of 1997 s. 14)(2) Any employer, or any person acting on behalf of an employer, who—
(a) prevents or deters, or does any act calculated to prevent or deter, an employee from exercising any of the rights conferred on him by subsection (1); or
(b) terminates the contract of employment of, penalizes, or otherwise discriminates against, an employee by reason of his exercising any such right,
shall be guilty of an offence and shall be liable on conviction to a fine at level 6. (Amended 24 of 1988 s. 2; 103 of 1995 s. 5)
(3) In this section—

appropriate time (適當時間) means, in relation to an employee taking part in any activities of a trade union, time which either—
(a) is outside his working hours; or
(b) is a time within his working hours at which, in accordance with arrangements agreed with or consent given by or on behalf of his employer, it is permissible for him to take part in those activities;

working hours (工作時間) means, in relation to an employee, any time when, in accordance with his contract with his employer, he is required to be at work.
[cf. 1971 c. 72 s. 5(1), (2) & (5) U.K.]

### Employment Ordinance 《僱傭條例》

21C. Offer of employment conditional on offeree not being member of trade union
Any person who, acting on his own or another’s behalf, in the engagement of persons for employment includes in an offer of employment to any person a condition or requirement that the person to whom the offer is made shall undertake—
(a) if he is a member or officer of such a trade union, that he will relinquish his membership thereof or office therein;
(b) not to become a member of, or officer in, such a trade union; or
(c) not to associate with other persons for the purpose of forming or applying for the registration of a trade union in accordance with the provisions of the Trade Unions Ordinance (Cap. 332),
shall be guilty of an offence and shall be liable on conviction to a fine at level 6. (Amended 24 of 1988 s. 2; 103 of 1995 s. 6)

22. Wage period
The wage period in respect of which wages are payable under a contract of employment shall, until the contrary is proved, be deemed to be 1 month.

23. Time of payment of wages
Wages shall become due on the expiry of the last day of the wage period and shall be paid as soon as is practicable but in any case not later than 7 days thereafter.

24. Payment on completion
Wages of an employee on completion of his contract of employment and any other sum payable in respect of his contract shall be due to him on the day of the completion of the contract and shall be paid as soon as is practicable but in any case not later than 7 days thereafter.