1988 Ed.]
Employment
[CAP. 57
19
and shall be paid as soon as is practicable but in any case not later than 7 days after that day.
Proportion of the end of year payment
11F. (1) Where, in the case of an employee to whom this Part applies who has not been employed by the same employer for the whole of a payment period but has been so employed for a period of not less than 26 weeks in the payment period—
(a) the contract of employment is terminated-
(i) at any time during the payment period; or
(ii) on the expiry of the payment period,
otherwise than by the employee under section 6 or 7 or by the employer under section 9; or
(b) the employee continues to be employed by the employer after the expiry of the payment period,
the employee shall be paid a proportion, calculated in accordance with subsection (2), of the end of year payment that would have been payable under this Part if he had been employed by the same employer for the whole of the payment period.
(2) The proportion of the end of year payment payable under subsection (1) shall be
(a) the proportion specified in that behalf in the contract of employment;
or
(b) if a proportion is not so specified, the sum which bears the same proportion to a full month's wages of the employee as his period of service under the contract of employment in the payment period bears to that payment period.
(3) The proportion of the end of year payment payable under subsection (1) shall become due to the employee
(a) under paragraph (a) of that subsection—
(i) on the day on which the contract of employment terminates; or (ii) in the case of a proportion of an end of year payment that falls to be calculated by reference to any profits of the employer, on the day on which the profits of the employer are ascertained; or
(b) under paragraph (b) of that subsection
(i) subject to subsection (4), on the day specified in the contract of employment as the day on which the end of year payment becomes due; or
(ii) if a day is not so specified, on the last day of the payment period,
and shall be paid as soon as is practicable but in any case not later than 7 days after that day but nothing in this subsection shall be construed as preventing the payment of the proportion of the end of year payment at any time before that day.
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