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Deacons in the Media
2 May 2006

In the "Know Your Rights" column in the South China Morning Post published on Saturday 29 April 2006, Cynthia Chung of Deacons' Human Resources & Pensions (HR&P) practice group discusses two recent cases which have clarified the status of holiday entitlements and the inclusion of commission in annual leave pay and holiday wages for employment in Hong Kong. The issue of commission in annual leave pay and holiday wages was also covered by Cynthia and colleague Elsie Chan in an article published in the April edition of Asian Counsel; magazine. The other issue in the SCPM article addresses whether employees who work a five-day week are entitled to an alternative holiday when a statutory holiday falls on an extra rest day. Based on a recent Court of Appeal decision, the employer would not have to grant an alternative holiday if the employee were granted at least one rest day for every seven days (as specified by Section 17 of the Hong Kong Employment Ordinance). The intention is clear that the extra rest day in a five day week is not regarded as a statutory rest day.