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EMPLOYMENT (AMENDMENT) (NO. 2)
Ord. No. 52/88
A275
"PART VC
Re-employment
SUPPLEMENTARY PROVISIONS TO PARTS VA AND VB
31ZF. (1) Subject to subsection (2), where a continuous after retirement contract of employment specifies an age of retirement and-- at a specified
age
Fifth Schedule
(a) the employee retires at that age; and
(b)
the employee has been employed under that con- tract for not less than the number of years of service, ending at the relevant date, specified in column 2 of the table in the Fifth Schedule opposite his age at the relevant date specified in column 1 of that table; and
(c) he receives in relation to the years of service in respect of which long service payment would have been payable, had the employee been dismissed at the relevant date,
(i) by virtue of the terms of his contract of employment, any gratuity based upon length of service; or
(ii) by virtue of a provident fund scheme or arrangement, any payment thereunder; and
(d) the total sum he receives under paragraph (c) is not less than the long service payment to which he would have been entitled had he been dismissed at the relevant date; and
(e) immediately after his retirement, the employee is re-employed by the person by whom he was em- ployed immediately before his retirement,
then for the purposes of Parts VA and VB of this Ordinance, the employment after retirement shall be regarded as a fresh employment.
(2) For the purposes of subsection (1), any reference therein to a provident fund payment shall not include that part, if any, of the payment which represents a return of an employee's own contributions, including any sum payable in respect of interest thereon.".
15. Section 49(1) is amended by adding "certificate, application," after Form of "notice in writing,".
notices, records, etc.
16. Section 64(1) is amended by adding "section 31RA(6) or" after Prosecution of "under".
17. The Sixth Schedule is amended by repealing Part II.
Passed by the Hong Kong Legislative Council this 29th day of June
offences
Sixth Schedule amended
1988.
LAW Kam-sang,
Clerk to the Legislative Council.