SandraLo 發表於 11-4-13 21:55
再講多次:No pay leave 嘅意思, 係嗰段 period 都係 no pay........
假設你僱員放2個月 no pay leave, ...

gemiling 發表於 11-4-14 15:25
yes that period is no pay. But doesn't mean you have to deduct the money for the public holidays. ...
這題目好有趣,所以我今早打去勞工處熱線問。答案係: 法例冇要求妳要畀那夾在無薪假內之休息日〔或法定假)人工。
所以,僱傭双方在申請無薪假前需協定/共識去扣那連着的休息日工資,還是不扣。。假設你想扣她那連着的休息日人工,那就在批准假期之前,先告訴她你会這ㄠ做,如她同意,那就批准放。如她不同意,那么就達不到共識,那就不批准她放吧!(那職員真係咁答我。)所以Sandra係岩既。
The staff member explained the ratinale behind is that there has never been any stipulation in the Labour Ordinance specific to handling of No-pay leave. SO, whether to deduct her rest day salary consecutive to the no-pay leave days, would be left to the employer-employee to compromise on signing of contract. Else, if not laid down specifically, (like in our case, standard contract signed for hiring FDH), then to be compromised right before the employee's application for her no-pay leave. In this regard, employer has the right to state out his condition for approval of such no-pay leave, which is, to deduct the rest days' salary consecutive to the no-pay leaves. If the employee doesn't agree to it, he has the choice of either not taking no- pay leave; or, simply quit the job if he really wants to be off on those days.
But of course, to be generous, you may opt to simply pay her like usual (not to deduct)on those rest days. You know, everybody has her own perceptions/reasons in mind. We might have worked in different companies ( with varying practices in such matter), which may make us flattered that the ways used by one particular company apply to the rest.
Whatever, hope the debate comes to an end.