A380
Ord. No. 76/85
Amendment of
Third Schedule.
Addition of new
Fifth and Sixth Schedules.
EMPLOYMENT (AMENDMENT)
(a) by cheque, money order or postal order;
(b)
(Cap. 155.)
Written particulars of long service payment.
into an account in his name with any bank licensed un the Banking Ordinance; or
(c) to his duly appointed agent.
(2) Any employer who without reasonable excuse fails to comply with subsection (1) commits an offence and is liable to a fine of $5,000.
31ZE. (1) On making any long service payment, 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 subsec-
tion (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 particular,
commits an offence and is liable to a fine of $1,000.
(3) Without prejudice to any proceedings for an offence under subsection (2)(a), if an employer fails to comply with the require- ments of subsection (1), the employee may by notice in writing to the employer require the employer to give to the employee a written statement complying with those requirements within such period (not being less than 1 week beginning with the day on which the notice was given) as may be specified in the notice.
(4) If, without reasonable excuse, an employer fails to comply with a notice under subsection (3) he commits an offence and is liable
(a) in the case of a first conviction, to a fine of $2,000; or
(b) in the case of a second or subsequent conviction, to a fine of
$3,000.".
9. The Third Schedule to the principal Ordinance is amended in paragraph 13 by deleting ""1 month”” and substituting the following—
""3 months" ".
10. The principal Ordinance is amended by adding after the Fourth Schedule the following.
Column 1
"FIFTH SCHEDULE
TABLE
Age in years of employee
as at relevant date
Column 2
[s. 31R.]
Number of years of service of employee as at relevant date
Less than 41
10
41
9
42
8
43
44
6
Not less than 45
5
EMPLOYMENT (AMENDMENT)
SIXTH SCHEDULE
Ord. No. 76/85
A381
(s. 31ZC.]
DEATH OF EMPLOYER OR OF EMPLOYEE-LONG SERVICE PAYMENTS
PART I
DEATH OF EMPLOYER
1. This Part shall have effect in relation to an employee where his employer (in
this Part referred to as "the deceased employer") dies.
2. Section 31Z shall not apply to any change whereby the ownership of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer.
3. Where, by virtue of section 31ZB, the death of the deceased employer is to be treated for the purposes of Part VB of this Ordinance as a termination by him of the contract of employment, the employee shall nevertheless not be treated for these purposes as having been dismissed by the deceased employer if—
(a) his contract of employment is renewed by a personal representative of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative; and
(b) the renewal or re-engagement takes effect not later than 4 weeks after the
death of the deceased employer.
4.
Where by virtue of paragraph 3 the employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after the death of the deceased employer, then-
(a) in determining, for the purposes of section 31R(1), whether he has been employed under a continuous contract for the requisite number of years of service, the interval between the death and the date on which the renewal or re-engagement takes effect shall count as a period of employment with the personal representative of the deceased employer, if apart from this para- graph it would not count for that purpose as such a period of employment; and
(b) in computing the number of years of service specified in section 31 R(1), the continuity of the employee's period of employment shall be treated as not being broken by any week which falls within that interval.
5.
For the purposes of the application, in accordance with section 31R(2), of Part VB of this Ordinance in relation to an employee who was employed as a domestic servant in, or in connexion with, a private household, any reference to a personal representative in this Part of this Schedule shall be construed as including a reference to any person to whom, otherwise than in pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer.
died-
6.
Subject to this Part of this Schedule, in relation to an employer who has
(a) any reference in Part VB of this Ordinance to the doing of anything by, or in relation to, an employer shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employer; and
(b) any reference in Part VB of this Ordinance to a thing required or authorized to be done by, or in relation to, an employer shall be construed as including a reference to anything which, in accordance with any provision of Part VB of this Ordinance as modified by this Part of this Schedule (including sub-paragraph (a)), is required or authorized to be done by, or in relation to, any personal representative of his.