Did he breach the employment act?

Question

One of my superior happens to order all chinese staffs to stay back till 3pm instead of 12pm on chinese new yr eve.Aren't the chinese suppose to get half day off that day? Especially when majority of our manpower are muslim and indian.Chinese only make up 10 % of the whole work force.Yet he even allow certain indians to go back at 12 that day.Is he being racist and breached the employment act? I want professional opinion and views pls.No nonsense!

OF COURSE THEY ARE LEGAL STAFF!!!!

Answer 1

Actually is sounds like the employees expected special consideration because of the ethnicity and they are the ones being the racists.

No, the employer did not breach any laws. Chinese New Year is not a recognized national Holiday; therefore, the employees are expected to work their normal shift.

Even it they want to assert it is a "religious holiday" (which many people that are Christians do for Good Friday), if they wanted off they should have asked for it off IN ADVANCE, that way the employer can arrangements make sure there is adequate coverage for business continuation in their absence. The parties that take off would either be required to use accrued vacation paid time off, or take the time off without pay if they did not have any vacation or paid time off available.

I don't understand the part about about "certain Indians to go back at 12 that day" but it could be that the "certain Indians" had requested the time off in advance for whatever reasons or purposes and it was approved in advance, did not interfere with the smooth flow of business operations and the fact that they are "Indians" is irrelevant.

Answer 2

If they are illegals no law was breached because they aint recognized