A374
Ord. No. 76/85
EMPLOYMENT (AMENDMENT)
HONG KONG
No. 76 OF 1985
Short title and commencement.
Amendment of section 2.
(Cap. 57.)
L.S.
I assent.
An Ordinance to amend the Employment Ordinance.
Edward YOUDE,
Governor.
19 December 1985
[1 January 1986]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Employment (Amendment) Ordin- ance 1985 and shall come into operation on 1 January 1986.
2.
Section 2 of the principal Ordinance is amended
(a) in subsection (1)—
(i) by inserting in the appropriate alphabetical order the following definitions-
Sixth Schedule.
"business" includes a trade or profession and any like activity carried
on by a person;
Third Schedule. "cease", in relation to Part VA, Part VB, the Third Schedule and the Sixth Schedule, means cease either permanently or temporarily and from whatsoever cause, and "diminish" has a corresponding meaning;
(Cap. 25.)
(Cap. 332.)
"domestic servant" includes a garden servant, chauffeur and boatboy
and any other personal servant of a like class;
"Labour Tribunal" means the Labour Tribunal established by sec-
tion 3 of the Labour Tribunal Ordinance; "lock-out" has the meaning assigned to it by section 2 of the Trade
Unions Ordinance;
"long service payment" means the long service payment payable by an
employer to an employee under section 31R(1);
"outworker" means a person to whom articles or materials are, for payment or reward, given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the articles or materials; "relevant date", in relation to the dismissal of an employee, means
(a) where the employee's contract of employment is terminated by notice given by his employer in accordance with section 6, the date on which that notice expires;
(b) where the employee's contract of employment is terminated by the employer by payment in lieu of notice in accordance with section 7, the date up to which such wages are calculated;
(c) where the employee's contract of employment is terminated other than in accordance with the provisions of this Ordin- ance, the date of termination;
(Cap. 332.)
EMPLOYMENT (AMENDMENT)
Ord. No. 76/85
A375
(d) where the employee terminates his contract of employment without notice or payment in lieu in accordance with section 10, the date on which termination takes effect; and
(e) where the employee is employed under a contract for a fixed term and that term expires, the date on which that term expires;
"renewal" includes extension, and any reference to renewing a contract
shall be construed accordingly;
"severance payment" means the severance payment payable by an
employer to an employee under section 31B(1);
"strike" has the meaning assigned to it by section 2 of the Trade Unions
Ordinance;
"week", for the purposes of Parts VA and VB, means the period between midnight on Saturday night and midnight on the succeeding Saturday night;"; and
(ii) in the definition of "wages" by deleting "subsection (2)" and sub- stituting the following-
"subsections (2) and (3)";
(b) in subsection (2), by inserting after paragraph (c) the following—
"(ca) any long service payment under Part VB:"; and
(c) by inserting after subsection (2) the following-
(Cap. 282.)
"(3) Where an employee who has been employed under a con- tinuous contract—
(a) is dismissed; or
(b) is laid off within the meaning of section 31E,
and for any period of that contract he has not been paid his wages, or his full wages, but his employer has been liable to pay him—
(i) compensation under the Employees' Compensation Ordinance; (ii) in the case of a female employee, maternity leave pay; or (iii) sickness allowance,
then the employee shall be deemed, for the purposes of Parts VA and VB and notwithstanding any other provision of this Ordinance, to have been paid, for that period, his full wages under, and at the frequency required by, that contract as if he had continued in the normal course in the employment to which that contract relates, and any calculation under section 31G or 31V shall be made accordingly.".
3. Section 25(2) of the principal Ordinance is amended-
(a) by deleting "and" at the end of paragraph (b); and
(b) by inserting after paragraph (b) the following-
4.
5.
"(ba) any long service payment due to the employee; and".
Section 31A of the principal Ordinance is repealed.
Section 31B(1) of the principal Ordinance is amended by deleting after a day to be appointed by the Governor by notice in the Gazette,”.
6.
Amendment of section 25.
Repeal of section 31A.
on or Amendment of
section 31B.
Section 31F of the principal Ordinance is amended by deleting paragraph (c). Amendment of
section 31F.