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熟悉劳工法令的请帮忙

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发表于 26-2-2018 06:23 PM | 显示全部楼层 |阅读模式
第1) 我的公司在去年加了新的policy就是员工只要resign了的话所有的annual leave都会被burn到完,不能用来扣notice period。请问这样是符合劳工法令的吗?
第2) 我的公司每一年有14天annual leave,可以carry forward 5天,我在去年12月申请了今年新年5天的假期,用的是carry forward也被approved了,在新年前我resign了,公司就在无通知下把我新年假期换成unpaid leave导致我这个月的薪水少了很多。

请各位了解劳工法令的大大看看这样是不是符合劳工法令的?感激不尽
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发表于 26-2-2018 08:10 PM | 显示全部楼层
你可以打去劳工部问
必经这是又快又好
最好亲自走一趟
我们说了,不一定对的
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发表于 27-2-2018 09:30 AM | 显示全部楼层
(2) The employer shall grant and the employee shall take such leave not later than twelve months after the end of every twelve months continuous service and any employee who fails to take such leave at the end of such period shall thereupon cease to be entitled thereto:

Provided that an employee shall be entitled to payment in lieu of such annual leave if, at the request of his employer, he agrees in writing not to avail himself of any or all of his annual leave entitlement.

(2A) Notwithstanding subsection (2), upon the termination of an employee’s contract of service, the employee shall be entitled to take before such termination takes place the paid annual leave due to be taken in the year in which the termination takes place in respect of the twelve months of service preceding the year in which the termination takes place, and, in addition, the leave accrued in respect of the completed months of service during the year in which the termination takes place.

(3) The employer shall pay the employee his ordinary rate of pay for every day of paid annual leave, and an employee on a monthly rate of pay shall be deemed to have received the annual leave pay if he receives his monthly wages, without abatement in respect of such annual leave, for the month in which he takes such annual leave.

(3A) If the contract of service has been terminated by either party before an employee has taken the paid annual leave to which he is entitled under this section, the employer shall pay the employee his ordinary rate of pay in respect of every day of such leave:

Provided that this subsection shall not apply where an employee is dismissed under paragraph 14(1)(a).

(3B) Where an employee is granted leave of absence without pay by his employer during any period of twelve months and the period of absence exceeds in the aggregate thirty days, that period of leave of absence shall be disregarded for the purpose of computing his length of service with the employer under this section.

不知道你受不受employment act保護, 也不知道你為那個雇主服務了多久, 你可以找看employment act section 60...


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 楼主| 发表于 27-2-2018 09:34 AM | 显示全部楼层
Jason929 发表于 27-2-2018 09:30 AM
不知道你受不受employment act保護, 也不知道你為那個雇主服務了多久, 你可以找看employment act section 60...

应该受保护吧,这个policy是在我工作了1年后才加的,之前的employment contract没有这个东西
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