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SCHEDULE.
Continuous Employment.
[11]
1. (a) The provisions of this Schedule are to ascertain whether or not any contract of employment is a "continuous contract" for the purposes of Part 11.
(b) In the case of a contract of employment existing at the com- mencement of this Ordinance, such period of employment next preceding the date of commencement of the Ordinarice as may be necessary shall be taken into account in order to ascertain whether or not the contract of employment is a continuou contract.
2.
Subject to the following provisions, where at any time an employee has been employed under a contract of employment during the period of four or more weeks next preceding such time be shall be deemed to have been in continuous employment during that period.
3. (1) For the purposes of paragraph 2. no week shall count unless the employee has worked on three days or more in that week, and in determining whether be has worked on any day the provisions of sub- paragraph (2) shall apply.
(2) If on any day the employer is, for the whole or part of the day
(a) incapable of work in consequence of sickness or injury; provided that any such incapability in excess of forty-eight hours is sup- ported by a certificate issued by a registered medical practitioner,
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(6) absent from work in circumstances such that, by law, mutual arrangement or the custom of the trade, business or undertaking. he is regarded as continuing in the employment of his employer for any purpose.
then, save as provided in paragraph 4, that day sball count as a day on which he bar worked.
4.
Where an employer is absent from work for the whole or part of any day-
(a) because of a strike (which is not illegal) in which he takes part; or
(5) because of a lock-out by his employer,
that day shall not count as a day on which he has worked, but the con- tinuity of his period of employment shall not be treated as broken by any such absence.
5. If a trade, business or undertaking is transferred from one person to another, the period of employment of an employee in the trade, business or undertaking at the time of the transfer shall count as a period of em- ployment with the transferee, and the transfer shall not break the continuity of the period of employment
6. For the purposes of this Schedule-
(a) any reference to days on which an employer has worked shall mean days on which he has worked for his employer whether or not the days were worked under the same or another contract
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of employment with that employer and whether or not they were consecutive days; and
(6) an employee shall be treated as having worked for an employer on any day on which the employee worked for that employer for not less than six hours, whether or not continuously,
7. In this Schedule, unless the context otherwise requires- "lock-out" and "strike", respectively, have the meanings assigned to them
in the Trade Union Registration Ordinance;
"week" means a week ending with Saturday.
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 25th day of September, 1968, and is found by me to be a true and correctly printed copy of the said Bill.
(Secretariat GR. 6/3231/501)
Deputy Clerk of Councils.
(Cap. 132)