【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第11页 CAP 57 EMPLOYMENT ORDINANCE
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[接上页] (a) the result of the medical examination referred to in subsection (3); or (b) the determination of the Commissioner in subsection (6),may be pending. (3) The employer may, at his own expense, arrange for the employee to attend another medical examination by a registered medical practitioner to obtain a second opinion as to her fitness to undertake the work at issue. (4) The employer shall give the employee at least 48 hours' notice of the examination under subsection (3) which is to be carried out within a period of 14 days after the date of the receipt of the employee's request made under subsection (1). (5) If the second medical opinion provides that the employee is fit to do the specified work referred to in subsection (1) or if the employee refuses to attend the medical examination as arranged by the employer under subsection (3), the employer may refer the employee's request made under subsection (1) to the Commissioner; the Commissioner shall take appropriate action, including seeking further medical advice, to assist him in bringing about a determination. (6) When the Commissioner receives the employer's reference under subsection (5), he may make a determination to- (a) uphold the employee's request; (b) rule that the employee's request is not supported; (c) make such other rulings as he considers reasonable.(7) The employer and the employee concerned in the reference shall comply with any determination made by the Commissioner. (8) Any change in the earnings of the employee as a result of her transfer from heavy, hazardous or harmful work in accordance with this section, shall not affect the basis for calculating payment for termination of employment under section 15(2) or payment for maternity leave under this Part, and any such payment shall be calculated on the basis of the wages earned by the employee immediately before the transfer from heavy, hazardous or harmful work in accordance with this section; section 14(3) shall be construed accordingly. (Added 73 of 1997 s. 8) Cap 57 s 15B Records Every employer who employs females shall maintain, in a form specified by the Commissioner, a record of maternity leave taken by and maternity leave pay paid to his female employees. (Added 22 of 1981 s. 6) Cap 57 s 15C Restriction on pay in lieu of maternity leave Save as provided in section 15(2), no payment of maternity leave pay or other sum may be made in lieu of the grant of maternity leave. (Added 22 of 1981 s. 6) (Part III added 5 of 1970 s. 7) Cap 57 s 16 (Repealed 10 of 1980 s. 3) PART IV REST DAYS (Repealed 10 of 1980 s. 3) Cap 57 s 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) Cap 57 s 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. Cap 57 s 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. Cap 57 s 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. Cap 57 s 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. |
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