Excluded classes of employees. [cf. 1965 c. 62. s. 16.]
(Cap. 89.)
Amount of
severance payment.
6
the employer does not provide such work for him on at least three normal working days in any one week and whereby he is not entitled to any remunera- tion under the contract for such period:
Provided that any period during which an em- ployee is not provided with work because of a lock- out by his employer, or as a result of a rest day or holiday, shall not be taken into account in determining whether an employee has been laid off.
(2) The continuity of a contract of employment of an employee shall not be treated as broken by any lay-off as a result of which no severance payment has been made.
(3) For the purposes of this Part the "relevant date" in respect of the right of an employee to a severance payment arising by reason of lay-off means any day immediately prior to which his employer has failed to provide him with work on at least three
normal working days in any one week.
20G. Section 20C shall not apply-
(a) where the employer is the husband or wife
of the employee;
(b)
to any outworker;
(c)
to any person in respect of any employment which renders him eligible for any pension, gratuity or annual allowance under the Pen- sions Ordinance;
(d) to any person in respect of his employment in any capacity under a government other than the Hong Kong Government; or (e) without prejudice to paragraph (a), to any person in respect of employment as a domestic servant in, or in connexion with, a private household, where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grand- son, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of the employee.
20H. (1) Subject to the provisions of this sec- tion, the amount of a severance payment to which an employee is entitled in any case shall be calculated by allowing-