EMPLOYMENT (AMENDMENT) (NO. 3)

Ord. No. 67/74

A433

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Change of ownership of business. 1965 c. 62, s. 13.

the severance payment shall be reduced by the amount of the gratuity or provident fund payment (as the case may be) paid to that employee.

(2) For the purposes of subsection (1), a pro- vident fund payment shall not include that part (if any) of the payment which represents a return of an employee's own contributions, including any sum payable in respect of interest thereon.

31J. (1) This section shall have effect where- (a) a change occurs (whether by virtue of a sale or other disposition or by operation of law) in the ownership of a business for the pur- poses of which a person is employed, or of a part of such a business; and

(b) in connexion with that change the person by whom the employee is employed imme- diately before the change occurs (in this section referred to as "the previous owner") terminates the employee's contract in accor- dance with section 6 or 7.

(2) If, by agreement with the employee, the person who immediately after the change occurs is the owner of the business or of the part of the business in question, as the case may be (in this section referred to as "the new owner") renews the employee's contract of employment (with the substi- tution of the new owner for the previous owner) or re-engages him under a new contract of employment, section 31D(2) shall have effect as if the renewal or re-engagement had been a renewal or re-engagement by the previous owner (without any substitution of the new owner for the previous owner).

(3) If the new owner offers to renew the em- ployee's contract of employment (with the substitu- tion of the new owner for the previous owner) or to re-engage him under a new contract of employment, but the employee refuses the offer, subsection (2) or (3) of section 31C (as the case may be) shall have effect, subject to subsection (4), in relation to that offer and refusal as it would have had effect in rela- tion to the like offer made by the previous owner and a refusal of that offer by the employee.

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