合約完結前可否把有薪假期換成薪金?
假如不是中途離職, 而是打算不續約, 但還有部份假期未放哂, 勞工處法例有否規定說僱員有權向公司提出將有薪假期換成工資?
(曾詢問公司HR, 但HR說僱員可與部門商討把假期換錢 OR 在完約前把所有假期放哂,視乎雙方如何達成共識, 惟需要部門主管批准, 問題是如果兩方堅持不下, 一方要你放假, 另一方一定要換成工資, 最後以哪一方為準?)
求解答, 謝謝~
回答 (4)
✔ 最佳答案
人事部內定情況就是如你沒有大假,會自動法還假期日薪,無論你續約與否,人事部不必和你商討,如你已續約,亦不會累結剩餘假日。
Your right is to give within 30-day notice. Once you have fulfilled this and have a continued contract , your employer must conclude your employment and pay you.
Avergae monthly wage is excluded the rest day, holiday, annual leave.
Offences and penalty
A employer who without reasonable excues fails to grant annual leave to an employee, is liable to prosecution, to a fine of $50000.
A employer who fails to pay annual leave pay to an employee is liable to prosecution, to a fine of $50000..
Recommendation is communicate to your HR department to meet commitment for take all the annual leave or pay annual leave pay.
Cash is the winner.
Employment Ordinance has not explicitly specified the correct solution in this case.
However, given that for no-fault termination, your obligation is to give a 30-day notice. Once you have fulfilled this, your employer must conclude your employment and pay you.
In that case, all accrued vacations must be paid in cash.
回應:
主動和解釋權,都在資方的手裡,勞方在這事情上,處於弱勢。
不公平?
是的。沒有協商的餘地,只有認同和執行。這就是金錢主人的權利。
收錄日期: 2021-04-15 20:10:41
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