(Cap. 282)
Application to domestic
servants
7.
EMPLOYMENT (AMENDMENT) (NO. 2)
Ord. No. 52/88
A273
(3) The Commissioner may extend the time for serving an application under subsection (2) although the application for extension is not made until after the expiration of the period of 30 days after the date of death of an employee.
(4) Where a person referred to in paragraph (a) or (b) of subsection (1) is a minor, the application under subsection (2) shall be made by the guardian of that person.
(5) Where a person is entitled to a long service payment under this section, the employer shall pay such person the long service payment to which he is entitled-
(a) where the person so entitled is a spouse, not later
than 7 days after the receipt of the application; or
(b) where the person so entitled is not a spouse, not earlier than the day (hereinafter in this paragraph called "the said day") next following the date of expiration of the period which, as regards the parti- cular case, was the period during which an applica- tion under subsection (2)(a) could be served but not later than 7 days after the said day.
(6) An employer who without reasonable excuse fails to pay a long service payment on or before the latest date for payment as required by subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine of $20,000.
(7) Where 2 or more persons are entitled to a long service payment under this section, the long service payment shall be divided equally between such persons.
(8) A long service payment is payable in accordance with this Part by an employer on the death of an employee from whatever cause and is payable in addition to any compensation payable by the employer under the Employees' Compensation Ordinance.
31RB. This Part (except section 31Z) shall apply to an employee who is employed as a domestic servant in, or in connection with, a private household as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.".
Section 31U is amended by repealing "Section 31R" and substi- Excluded tuting "Sections 31R and 31RA”.
8. Section 31V is amended by adding after subsection (2)-
classes of employees
Amount of
long service
"(3) Subject to this section and section 31W, where an employee, payment who is employed under a continuous contract otherwise than by way of manual labour, is dismissed and-
(a) at the time of such dismissal earned wages exceeding $11,500 per month but within a year prior to dismissal earned wages for any period not exceeding $11,500 per month; and