Map. 114)
Application of Ordinance.
(000, 73
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to employ another and that other agrees to serve his employer as an employee and also a contract of apprenticeship: "dangerous drug" has the meaning assigned to it in the Dangerous
Drugs Ordinance;
"employee" means an employee to whom, by virtue of section 3,
this Ordinance applies:
"employer" means any person who has entered into a contract of employment to employ any other person as an employee and the duly authorized agent, manager or factor of such first mentioned person;
"wage period" means the period in respect of which wages are payable under a contract of employment or under section 12; “wages" means all remuneration, camnings or allowances, however designated or calculated, capable of being expressed in terms of money, payable to an employee in respect of work done or to be done under his contract of employment, but does not include
( the value of any accommodation, education, food, fuel,
light, medical care or water provided by the employer; (5) any contribution paid by the employer on his own
account to any pension fund or provident fund;
(c) any travelling allowance or the value of any travelling
concession:
(d) any sum payable to the employee to defray special expenses incurred by him by the nature of his employ. ment:
(e) any gratuity payable on completion or termination of a
contract of employment; or
(A) any annual bonus, or any proportion thereof, which is of
a gratuitous nature or which is payable only at the dis cretion of the employer.
3. (1) Subject to subsection (2) and section 35, this Ordin- ance applies to every employee engaged under a contract of employment, to an employer of such employee and to a contract of employment between such employer and employee.
(2) This Ordinance does not apply-
(a) to a person employed otherwise than by way of manual labour whose wages exceed fifteen hundred dollars per month;
(b) to a person who is a member of the family of the pro- prietor of the business in which he is employed and who dwells in the same dwelling as the proprietor; (c) to a worker as defined in the Contracts for Overseas
Employment Ordinance;
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(d) to a person who is serving under articles entered inte pursuant to subsection (1) of section 10 of the Merchant Shipping Ordinance, or on board a ship registered in a country which is represented by a consular officer resident in the Colony:
(e) to a contract of apprenticeship made on or after the 1st day of April 1965, if, within one month after it has been made, the contract is attested by the Commissioner. (3) For the avoidance of doubt it is hereby declared that the provisions of subsection (3) of section 4 shall not apply to any contract of employment made before the 1st day of April 1965,
PART II
CONTRACTS OF EMPLOYMENT.
4. (1) Every contract of employment, which is a continu- ous contract, shall, in the absence of any express agreement la the contrary, be deemed to be a contract for one month renewable from month to month.
(2) Notwithstanding that it is proved that a contract of employment is for a period in excess of one month such con- tract shall be deemed to be a contract for one month renewable from month to month unless the contract is evidenced in writing signed by each of the parties thereto.
(3) Notwithstanding any other provision of this section, a contract of employment entered into by a manual worker for a period of six months or more or for a number of working days equivalent to six months or more shall be deemed to be a contract for one month renewable from month to month.
(4) Where any contract of employment for a period in excess of one month is deemed by virtue of the provisions of subsection (2) or (3) to be a contract from month to month the wages per month shall be such proportion of the total wages agreed under the contract as one month bears to the agreed dura- tion of the contract.
5. (1) Subject to subsections (2) and (3), either party to a contract of employment may at any time terminate the contract by giving to the other party notice, orally or in writing, of his inten- tion to do so.
(2) The length of notice required to terminate a contract of employment shall be-
(a) in the case of a contract which is deemed by virtue of the provisions of section 4 to be a contract for one month renewable from month to month, not less than one month;
(Cap. 3810)
Duration of contracts of employment.
Termination
of contract by notice.