Addition of
new Part
VA
5.
2
The principal Ordinance is amended by adding, after Part V. the following new Part-
་
Interpreta. tion.
Def. 1965 c. 62, M25000)
(6), 1965 c. 62.
4. 293)J
(C)m. 25)
(Cap. 332.7
"PART VA
SEVERANCE PAYMENTS
31A. In this Part and the Third Schedule, unless the context otherwise requires→→ "business" includes a trade or profession and any
activity carried on by a person;
[1
"cease" means cease either permanently or temporarily and from whatsoever cause, and "diminish” has a corresponding meaning:
"domestic servant" includes a garded servant, chauffeur and boat-boy and any other personal servant of a like nature;
"Labour Tribunal" means the Labour Tribunal established under section 3 of the Labour Tribunal Ordinance;
"lock-out" has the meaning assigned to it by section
2 of the Trade Unions Ordinance: "outworker" means a person to whom for reward articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the materials or articles;
"relevant date", in relation to the dismissal of au
employee, means-
(a) where the employee's contract of employ- ment is terminated by notice given by his employer in accordance with section 6, the date on which that notice expires: (b) where the employer's contract of employ- ment is terminated by the employer by pay- ment in lieu of notice in accordance with section 7, the date up to which such wages are calculated;
(c) where the employee's contract of employ ment is terminated other than in accordance with the provisions of this Ordinance, the date of termination;
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[g 1965 c. 62,
■ 5601).J
Č 331)
General
provisions
as to right to severance payment.
[c. 1965 €, 62,
1 ISHILI
(d) where the employee terminates his contract of employment without notice or payment in lieu in accordance with section 10, the date on which termination takes effect; and (e) where the employee is employed under a contract for a fixed term and that term expires, the date on which that term expires: "renewal" includes extension, and any reference to renewing a contract shall be construed accord- ingly:
"severance payment" means the severance payment payable by an employer to an employee under section 31B();
"strike" has the meaning assigned to it by section 2
of the Trade Unions Ordinance;
"week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night.
JIB. (1) Where, on or after a day to be ap pointed by the Governor by notice in the Gazette, an employee who has been employed under a con- tinuous contract for period of not less than twenty- four months ending with the relevant date-
(a) is dismissed by his employer by reason of
redundancy; or
(b) is laid off within the meaning of section 31E. the employer shall, subject to this Part, be liable to pay to the employee a severance payment calculated in accordance with section 310.
(2) For the purposes of this Part an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to the fact that-
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(a) his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him; (b) his employer has moved, or intends to move, the place in which the employee was or is so employed
(D) from the island of Hong Kong to Kowloon or the New Territories; or