3
Section 31Q provides that an employee shall be presumed, in the absence of evidence to the contrary, to have been dismissed by reason of redundancy.
3. Section 6 of this Ordinance adds to the principal Ordinance a new Third Schedule. Part I of the Third Schedule, relating to the death of an employer, provides that where the employment of an employee is continued by the personal representative of the deceased employer, either by way of renewal of his contract or re-engagement under a new contract, or where an employee unreasonably refuses an offer of renewal or re-engagement, the employee shall not be treated as having been dismissed for the purposes of entitlement to a severance payment.
Part II of the Third Schedule, relating to the death of an employee, provides that where an employer has given notice to an employee terminating his contract of employment and the employee dies before the expiry of the notice, that notice shall, for the purposes of entitlement to a severance payment, be taken to have expired on the employee's death. If during the period of such notice, the employer has offered to renew the employee's contract or to re-engage him under a new contract and the employee dies without having accepted or refused that offer, he shall not be treated as having been dismissed if it would have been unreasonable for him to refuse that offer.
4.
Sections 2, 3 and 4 make consequential amendments to the principal Ordinance.
5. Before His Excellency the Governor assented to the Bill in the name and on behalf of Her Majesty, I advised that he could properly do so.
2 August, 1974.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG,
жировку
Attorney General.