16
17
No obliga-
tion to take
into account
ed, by a person in the same grade employed in the same class of employment and in the same district,
(2) In the assessment of the earnings of a worker-
(a) there shall be included any allowance of a constant character, other than an allowance of which, by virtue of paragraph (5). no account is to be taken; and
(b) no account shall be taken of
() any payment in respect of overtime employment:
(ii) any payment by way of periodic bonus or gratuity: (ii) any payment to cover any special expenses entailed on the worker by the nature of his employment or any travelling allowance; or
(iv) any contribution by the person from whom the worker claims payment of the holiday pay or the sickness allowance, as the case may be, to any pension fund, provident fund or welfare fund.
(3) For the purposes of this section, the expression "the relevant day" means-
(a) in the case of the holiday pay, the statutory holiday; and (b) in the case of the sickness allowance, the day on which, from time to time, the worker first absents himself from work on account of the sickness or injury.
25. In determining whether or not a worker is entitled to be paid the holiday pay or the sickness allowance, no person shall be obliged to take into account any day on which the worker worked for him worked prior prior to the commencement of this Ordinance,
any day
to com-
mencement
of Ordinance.
Worker
26. Where, pursuant to the terms of his contract of service or who is paid apprenticeship or of any other agreement or for any other reason, a worker is paid his ordinary wages in respect of any of the following days, notwithstanding that on that day be has absented himself from work, namely
ordinary wages in respect of
holiday or
sick leave not entitled
to holiday
DAY OT
sickness
allowance in
addition,
(a) any holiday, or
(b) any day on which be is unfit for work on account of sickness
or injury,
the worker shall not, in addition to such ordinary wages, be entitled to be paid the holiday pay or the sickness allowance, as the case may be.
27. (1) A worker shall not be entitled to claim the holiday pay Restriction from more than one person in respect of the same holiday.
on right of worker to
(2) A worker shall not be entitled to claim the sickness allowance claim holiday in respect of any day on which he is absent from work on account of sickness or injury from more than one person.
Pay, etc.
21. No person shall terminate, or threaten to terminate, the employ- ment of, or in any way discriminate against, any worker employed by him by reason of the fact that the worker has-
from more then ope
person,
Employment of worker
not to be Erminated
by reason
(a) given evidence, or agreed to give evidence, in any proceeding of fact that
he has given evidence in
for the enforcement of this Ordinance; or (b) given information to any public officer in any inquiry made proceedings
by such officer for the purposes of or in connexion with the under Ordio- enforcement of this Ordinance.
ance, etc.
29. No fee shall be payable by, and no costs exceeding fifty Court fees dollars shall be awarded against, any person in respect of any proceed- and costs
in civil ings instituted in the District Court by or on behalf of any person for proceedings the recovery of any holiday pay or sickness allowance or in relation to under Ordin- any other matter arising under this Ordinance.
#ace,
etc. in event of
30. For the purposes of section 38 of the Bankruptcy Ordinance Payment of and section 250 of the Companies Ordinance, any holiday pay or sick- holiday pay. ness allowance to which a worker is entitled shall, whenever the worker became or becomes entitled thereto, be deemed to be wages in respect bankruptcy, of services rendered during the relevant period prescribed in the said etc.
(Cap. 6). section 38 or the said section 250 or in section 79 of the Companies
(Cap. 32). Ordinance, as the case may be.
31. Any contract or agreement and any term of any contract or Contracting agreement, whether the contract or agreement is made before or after out. the commencement of this Ordinance, whereby any right, benefit, or protection conferred upon a worker by this Ordinance is extinguished or reduced shall be null and void.
32. For the purposes of this Ordinance, the Commissioner and Powers of any inspector shall have the following powers—
(a) to enter any premises or place at any reasonable time during
the hours of daylight;
(b) to require the production of any records, books, documents, certificates or notices issued, kept or made for the purposes of or in connexion with this Ordinance or required thereunder to be issued, kept or made or of any copies of any such records, books, documents, certificates or notices, and to inspect. examine and make copies of the same;
officers.