Application.
Duration of contracts of service.
Determina- Lion of monthly
contracts.
Payment of
2
temuneration for intermittent overtime or casual payments of a non-recurrent nature, or ex gratia payments whether given by the employer or by any other person, or the value of any travelling allowance or concession, or the value of any contribution paid by the employer towards any pension or provident fund, or any sum paid to a servant to cover any special expense falling upon him by reason of the nature of the employment.
3. The provisions of this Ordinance shall apply to contracts of service, whether made before or after the commencement of this Ordin- auce, in respect of which the remuneration in cash does not exceed seven hundred dollars per mouth,
14
4. (1) Every contract of service (except in the case of hire by the hour, day, job or journey) shall, until the contrary is proved, be deemed to be a contract for one month renewable from month to mouth,
(2) Notwithstanding that it is proved that a contract of service is for a period in excess of one month such contract shall be deemed to be a contract for one month renewable from month to month unless such contract is evidenced in writing signed by each of the parties thereto.
(3) Where any contract of service for a period in excess of one month is deemed by virtue of the provisions of subsection (2) to be a contract from month to month the remuneration per month shall be such proportion of the total remuneration agreed under the contract as one month bears to the agreed duration of the contract.
5. Every contract of service which is deemed by virtue of the provisions of section 4 to be a contract from month to month shall be determinable-
(a) by either party thereto giving to the other thirty days notice,
orally or in writing, to determine the contract; or
(b) at any time without notice, by the employer paying to the servant in lieu of such notice such wages, if any, as are due to the servant in accordance with the terms of the contract, together with a further sum of money being not less than ono month's wages at the rate payable in accordance with the terms of such contract at the date of the determination thereof; Provided that nothing in this section shall be construed to deprive an employer of his right to dismiss a servant summarily for cause without notice or payment in lieu.
6. Wages payable under any contract of service shall, until the contrary is proved, be deemed to be payable monthly.
7. No fees shall be payable by and no costs exceeding fifty Exemption dollars shall be awarded against any servant or his employer in respect from
of any proceedings, concerning a contract of service, instituted in the payment of District Court-
(a) by or on behalf of the servant against his employer-
(i) for the recovery of wages alleged to be due to the servant under the terms of such contract: or
(i) for the recovery of damages by the servant for alleged wrongful dismissal; or
(b) by or on behalf of the employer against his servant for damages for the alleged wrongful determination of such contract by the
servant.
court fees and costs in certain cases,
8. Nothing in this Ordinance shall be construed to prejudice the Soving. application of any of the provisions of the Merchant Shipping Acts of
the United Kingdom, or of the Merchant Shipping Ordinance, 1953, (14 of 1953). having reference to the engagement of seamen or agreements between seamen and the masters of ships.
9. The Employers and Servants Ordinance is repealed.
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 4th day of October. 1961, and is found by me to be a true and correctly printed copy of the said Bill.
(Secretariat GR6/3231/50)
They saam
Deputy Clerk of Councils.
Repeal (Cap. 37).