合約完結前可否把有薪假期換成薪金?

2015-05-17 7:49 am
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)

2015-05-17 5:07 pm
✔ 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。
2015-05-18 8:55 am
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.
2015-05-17 2:49 pm
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.
2015-05-17 12:12 pm
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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