42
CAP. 57]
Employment
[1988 Ed.
78
(3) Subject to this section and section 31W, where an employee, who is employed under a continuous contract otherwise than by way of manual labour, is dismissed and--
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(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
(b) the employee would have been entitled to a long service payment had he earned wages not exceeding $11,500 per month at the time of such dismissal,
he shall be entitled to a long service payment in respect of the whole of the period of employment during which his wages did not exceed $11,500 per month. (Added 52 of 1988, s. 8)
Calculation of period of employment
31W. For the purposes of this Part, a reference to the period of employment under a continuous contract shall not include a reference to any such employment occurring more than-
(a) 6 years prior to 1 January 1986, where the relevant date occurs in 1986;
(b) 7 years prior to 1 January 1986, where the relevant date occurs in 1987;
(c) 8 years prior to 1 January 1986, where the relevant date occurs in 1988;
and
(d) 9 years prior to 1 January 1986, where the relevant date occurs in 1989 or any year thereafter.
(2) Special provision as to termination of contract in case of strike
31X. Where an employee, who has been given notice by his employer to terminate his contract of employment, takes part in a strike before the expiry of that notice in such circumstances that the employer is entitled by reason of his taking part in the strike to treat the contract as terminable without notice, and the employer for that reason terminates the contract without notice or payment in lieu in accordance with section 9, section 31S shall not apply to that termination of the contract.
Set-off of gratuity or provident fund payment against long service payment
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31Y. (1) Subject to subsection (2), where an employee is entitled-
(a) by virtue of this Part, to a long service payment; and
(b) by virtue of—
(i) the terms of his contract of employment, to any gratuity based upon length of service; or
(ii) a provident fund scheme or arrangement, to any payment thereunder, trement scheme