Remember, Your Boss Cannot Force You To Take Annual Or Unpaid Leave For CNY

The Ministry of Human Resources has clarified that annual or unpaid leave should be given at will.

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Have you been forced to take annual or unpaid leave before and after the Chinese New Year holidays?

If so, the law may be on your side because the Ministry of Human Resources clarified this matter on 7 February 2024.

In the past year, the ministry received complaints from employees regarding some employers having forced their workers to take annual or unpaid leave following the closure of business operations before and after the Chinese New Year holidays, which fall on 10 and 11 February 2024.

The ministry said any employers wishing to close operations beyond the allotted public holidays for Chinese New Year not to force employees to take annual or unpaid leave during the period.

The ministry emphasised that although it’s up to the employer to approve or reject leaves, the employee still reserves the right to decide when to apply for leave.

Additionally, employers must not force employees to take annual or unpaid leave to save business costs. This is because annual and unpaid leave should be given at will and employee’s request.

The ministry urges employees to lodge a report to the nearest Labour Department (JTKSM) if any employer forces them to take annual leave or unpaid leave, as provided under Section 69 of the Employment Act 1955 (Act 265).