EMPLOYMENT (AMENDMENT) (NO. 3)
Ord. No. 67/74
A437
(Cap. 25.)
Making of
severance payment.
(Cap. 155.)
Written particulars of severance payment.
[cf. 1965 c. 62. s. 18.]
payment, has been made the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with Part IV of the Labour Tribunal Ordinance.
310. (1) Where an employee is entitled to a severance payment under this Part, his employer shall make the severance payment to him not later than two months from the receipt of a notice in accordance with paragraph (b) of section 31N unless either the employer or the employee has, before the expiration of that period, made the severance payment the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with paragraph (c) of section 31N.
(2) A severance payment shall be made in legal tender except that, where the employee so consents, payment may be made-
(a) by cheque, money order or postal order;
(b)
into an account in his name with any bank licensed under the Banking Ordinance; or
(c) to his duly appointed agent.
(3) Any employer who without reasonable excuse fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on convic- tion to a fine of $5,000.
31P. (1) On making any severance payment, otherwise than in pursuance of a decision of the Labour Tribunal which specifies the amount of the payment to be made, the employer shall give to the employee a written statement indicating how the amount of the payment has been calculated.
(2) Any employer who-
(a) without reasonable excuse fails to comply
with subsection (1); or
(b) in a statement under that subsection includes anything which to his knowledge is false in a material particular, or recklessly includes anything which is false in a material partic- ular,