(Cap. 32.)
EMPLOYMENT (AMENDMENT) (NO. 3)
Implied or constructive termination of contract.
1965 c. 62, s. 22.
Ord. No. 67/74
A435
(2) Subsection (1) shall not affect the operation of section 31J in a case where the previous owner and the new owner (as defined by that section) are associated companies; and where that section applies, subsection (1) shall not apply.
(3) Where an employee is dismissed by his employer, and the employer is a company (in this subsection referred to as "the employing company") which has one or more associated companies, then if-
(a) none of the conditions specified in section
31B(2) is fulfilled;
(b) one or other of those conditions would be fulfilled if the business of the employing company and the business of the associated company (or, if more than one, each of the associated companies) were treated as to- gether constituting one business,
that condition shall for the purposes of this Part be taken to be fulfilled in relation to the dismissal of the employee.
(4) Where an employee of a company is taken into the employment of another company which, at the time when he is taken into its employment, is an associated company of the first-mentioned company, his period of employment at that time shall count as a period of employment with the associated company, and the change of employer shall not break the con- tinuity of the period of employment.
(5) For the purposes of this section two com- panies shall be taken to be associated companies if one is a subsidiary of the other, or both are sub- sidiaries of a third company, and "associated com- pany" shall be construed accordingly.
(6) In this section "company" and "subsidiary" have the meanings respectively assigned thereto by sections 2 and 126 of the Companies Ordinance.
31L. (1) Where in accordance with any enact- ment or rule of law-
(a) any act on the part of the employer; or
(b)
any event affecting an employer (including, in the case of an individual, his death),