参照依据:The Employment Act 20071.招聘1.1试用期1.1.1签订试用期合同1.1.2试用期时间:最长不能超过六个月,若任要延长需与雇员签订协议,可延长最多不超过六个月。
1.1.3试用期间合同的终止:任何一方在试用期间可若需终止合同可向对方发出不少于7天的合同终止通知或赔付与七天工资相等的金额。
详见就业法:第42条Termination of probationary contracts.(2)A probationary period shall not be more than six months but it may be extended for a further period of not more than six months with theagreement of the employee.(3) No employ shall employ an employee under a probationary contract formore than the aggregate period provided under subsection (2).(4) A party to a contract for a probationary period may terminate the contractby giving not less than seven days’ notice of termination of the contract, orby payment, by the employee, of seven days’ wages in lieu of notice.1.2 临时工:1.2.1 合同最短为一天,连续工作6个月后,若双方同意可在进行6个月适用。
1.2.2 临时工在连续工作六天后应享有一天的带薪休假且任何公共假日和带薪休假都将算为连续工作的一部分。
详见就业法:第37条Conversion of casual employment to term contract.(2) A causal employee shall be deemed to be entitled to one paid rest dayafter a continuous six days working period and such rest day or any publicholiday which falls during the period under consideration shall be countedas part of continuous working days.2. 雇佣期:2.1 年假:雇员在连续工作了12个月后可享受不少于21个工作日的带薪休假。
或雇员连续工作两个月后可享受每个月不少于1.75天的带薪休假。
年假可连休21个工作日也可分期休假。
详见:第28条Annual leave(1)An employee shall be entitled-(a)after every twelve consecutive months of service with his employerto not less than twenty-one working days of leave with full pay;(b)where employment is terminated after the completion of two ormore consecutive months of service during any twelve months’leave-earning period, to not less than one and three-quarter days ofleave with full day, in respect of each completed month of service inthat period, to be taken consecutively.2.2 病假:雇员连续工作两个月后可享受不少于7天的带薪病假。
在下一个7天中可享受半带薪休假。
(需提供请假条)详见:第30条Sick Leave(1)After two consecutive months of service with his employer, an employeeshall be entitled to sick leave of not less than seven days with full pay andthereafter to sick leave of seven days with half pay, in each period oftwelve consecutive months of service, subject to production by theemployee of a certificate of incapacity to work signed by a duly qualifiedmedical practitioner or a person acting on the practitioner’s behalf incharge of a dispensary or medical aid centre.3. 解除合同3.1 公司应无法提供职位而导致的裁员解聘程序:1. 按月发工资的员工提前一个月发NOTICE半月发一次工资的员工提前半月发NOTICE以此类推。
2. 每满一年员工应享受不少于21个工作日的年假,若没休假将获得21个工作日等同的工资。
3. 当月应得工资4. 雇员每工作满一年获得等同于15个工作日工资的赔偿。
5. 若雇员要求,须出具工作证明。
6. Leave,若已经带薪休假则没有3.2 应不满意其工作而解聘。
解聘程序:1. 按月发工资的员工提前一个月发NOTICE半月发一次工资的员工提前半月发NOTICE以此类推。
2. 每满一年员工应享受不少于21个工作日的年假,若没休假将获得21个工作日等同的工资。
3. 当月应得工资4. 若雇员要求,须出具工作证明。
5. Leave,若已经带薪休假则没有3.3 即时解除雇佣(Summary Dismissal)解聘原因:1. 雇员违反工作职责2.没有合法原因而旷工。
3.上班时间醉酒或吸毒且无法完成其工作4.雇员不愿意履行期工作5.对雇主或任何人使用辱骂语言或不礼貌行为6.雇员拒绝履行雇主或任何授权人所发出的在其工作范围内的合法指令7.工作期间有任何违法犯罪且有确凿证据。
8.Leave,若已经带薪休假则没有详见:劳动法第44条Summary Dismissal(1)Summary dismissal shall take place when an employer terminates theemployment of an employee without notice or with less notice than that towhich the employee is entitled by any statutory provision or contractualterm.(2)Subject to the provisions of this section, no employer has the right toterminate a contract of service without notice or with less notice than that towhich the employee is entitled by any statutory provision or contractual term.(3)Subject to the provisions of this Act, an employer may dismiss an employeesummarily when the employee has by his conduct indicated that he has fundamentally breached his obligations arising under the contract of service.(4)Any of the following matters may amount to gross misconduct so as to justifythe summary dismissal of an employee for lawful cause, but the enumeration of such matters or the decision of an employer to dismiss an employee summarily under subsection (3) shall not preclude an employer or an employee from respectively alleging or disputing whether the facts giving rise to the same, or whether any other matters not mentioned in this section, constitute justifiable or lawful grounds for the dismissal if:(a)Without leave or other lawful cause, an employee absents himself fromthe place appointed for the performance of his work;(b)during working hours, by becoming or being intoxicated, an employeerenders himself unwilling or incapable to perform his work properly;(c)an employee willfully neglects to perform any work which it was his dutyto perform, or if he carelessly and improperly performs any work whichfrom its nature it was his duty, under his contract, to have performedcarefully and properly;(d)an employee uses abusive or insulting language, or behaves in a mannerinsulting, to his employer or to a person placed in authority over him byhis employer;(e)an employee knowingly fails, or refuses, to obey a lawful and propercommand which it was within the scope of his duty to obey, issued by hisemployer or a person placed in authority over him by his employer.(f)in the lawful exercise of any power of arrest given by or under anywritten law, an employee is arrested for a cognizable offence punishableby imprisonment and is not within fourteen days either released on bailor on bond or otherwise lawfully set at liberty; or(g)in the lawful exercise of any power of arrest given by or under anywritten law, an employee is arrested for a cognizable offence punishableby imprisonment and is not within fourteen days either released on bailor on bond or otherwise lawfully set at liberty; or(h)an employee commits, or on reasonable and sufficient grounds issuspected of having committed, a criminal offence against or to thesubstantial detriment of his employer or his employer’s property.解聘程序:1.发Notice of Summary Dismissal,立即解除雇佣。