✔ 最佳答案
According to ‘Hong Kong Labor Law’, if an employee has been employed for a leave year and his employment contract is terminated, irrespective of the reasons of termination, he should be entitled to payment in lieu of any annual leave not yet taken. However, you have to have been employed for 12 consecutive months to entitle for the annual leave.
An employee can accumulate paid sickness days after having been employed under a continuous contract. Paid sickness days are accumulated at the rate of two paid sickness days for each completed month of the employee’s employment during the first 12 months, and four paid sickness days for each completed month of employment thereafter. Paid sickness days can be accumulated up to a maximum of 120days.
Practically, there is no regulation or law to enforce employers to accept annual leave application, which employers can refuse any annual leave application. Therefore, your employer has the right not to accept your annual leave application.
The trick is you can take a sick leave instead of annual leave for interview day. As long as you provide a valid doctor’s note, your employer has to accept and pay for the sick leave.
The notify period can be shortened if and only if employer agrees and is in written format. Wages/salaries and any paid annual leaves, which have not yet taken has to be paid within 7 days after date of employment contract terminated.
If you are allowed to shortened the notify period, then you has to state the specific date on of termination the resigned letter. Also, the number of days of notify period has to be stated, too. The reason why I said "has to" is because it will be a valid, legal, and enforceable evidence if there is any argument for the date of termination between you and your employer later days in the future.
I hope that it helps you.