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18/05/2010 16:08:31
Re: Public Holiday on the contract

Dear KL Siew ,
I asked some questions regading the annual leave and PH and one of the question is like this:. Since that there is no contract, do we still entitled 8/12days of annual leave?
(for above matter, if the company gives more than 10days of public holidays and if caculated all the holidays given it will be more than the normal annual leave + PH?Example: normally anuual leave + public holiday =12 + 10 =22days. But the company given holidays are more than 22days, must the company still need to provide anuual leave for its employees?)

Your answer is :You can give more as you like but mention it clearly and separately how many days annual leave and how many days public holidays.

Now, since that I am going to prepare a contract, Do I need to mention all the given holiday? I mean do I ned to put one clause as :"Public Holiday" -- you are entitled to have 10 days public Holiday as below:- 1. Labour day 2. National day.........etc.
2. Since there is no business going on during Chinese New Year, my company will closed for a week. SO, after the 2 days CNY holiday + a Sunday, the is actually 3 extra holidays. Can these 3 days considered as anual leaves? (As the employee might ague that she doesn't want to take leave as it is the company problem not her.)
3. Can a company force an employee to take leave?

thanks for the help
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KL Siew
18/05/2010 17:23:53
1. Yes, you have to do that as mentioned in Section 60D(1A) of the EA below. Instead of do that, you specify them in the contract of service.

"(1A) The employer shall exhibit conspicuously at the place of employment before the commencement of each calendar year a notice specifying the remaining six gazetted public holidays provided for in subsection (1)(a) in respect of which his employees shall be entitled to paid holidays under subsection (1)(a): "

2. For me, I would not put such controversial items in the contract, don't invite controversies. It does not give a good impression on the company also. Cross it when you come to the bridge, as they say.

3. When you have many employees you may have to regulate leaving taking. Otherwise, problems may arise when everyone wants to take leave at the same time. The employer may to to schedule the leave of the employees. Large companies like banks are doing that.
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