Implied or constructive
law-
termination of
contract.
Death of
employer or employee.
Sixth Schedule.
Making of long service payment.
(Cap. 155.)
Written particulars of long service payment.
6
31ZB. Where in accordance with any enactment or ru
(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).
operates so as to terminate a contract under which an employee is employed by him, that act or event shall for the purposes of this Part be treated as a termination of the contract by the employer, if apart from this section it would not constitute a termination of the contract by him.
31ZC. Part I of the Sixth Schedule shall have effect in relation to the death of an employer, and Part II of that Schedule shall have effect in relation to the death of an employee.
31ZD. (1) A long service 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.
(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, 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 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.".
7
The Third Schedule to the principal Ordinance is amended in paragraph 13 Amendment of bleting ""1 month"" and substituting the following-
""3 months"".
Third Schedule.
9. The principal Ordinance is amended by adding after the Fourth Schedule Addition of new the following--
1.
Column 1
"FIFTH SCHEDULE
TABLE
Age in years of employee
as at relevant date
Less than 41
41
42
43
44
Not less than 45
[s. 31R.]
Column 2
Number of years of service of employee as at relevant date
10
9
8
SIXTH SCHEDULE
0076 in
[s. 31ZC.]
DEATH OF EMPLOYER OR OF EMPLOYEE-LONG SERVICE PAYMENTS
PART I
DEATH OF EMPLOYER
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
Fifth and Sixth Schedules.