Lay-off.
[ef. 1965 t. 62.
" રાાં
(c) the employee, being so entitled by reason of the employer's conduct, terminates that contract without notice or payment in lieu in accordance with section 10.
(2) An employee shall not be taken for the pur- poses of this Part to be dismissed by his employer it- (a) his contract of employment is renewed, or he is re-engaged by the same employer under a new contract of employment; and (b) the renewal or re-engagement takes effect immediately on the ending of his employ- went under the previous contract.
(3) For the purposes of the application of sub- section (2) to a contract under which the employment ends on a rest day or holiday, the renewal or re-engagement shall be treated
as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or befort the next day after that rest day or holiday.
31E. (1) Where an employee is employed under a contract on such terms and conditions that his
remuneration thereunder depends on his being provided by the employer with work of the kind be is employed to do, he shall for the purposes of section 31B(1) be taken to be laid off where the employer does not provide such work for him on at least a total of twelve normal working days in any period of four consecutive weeks and whereby he is not entitled to any remuneration under the contract for such period:
Provided that any period during which an em- ployee is not provided with work because of a lock- out by his employer, or as a result of a rest day or holiday, shall not be taken into account in determining whether an employee has been laid off.
(2) The continuity of a contract of employment of an employee shall not be treated as broken by any lay-off as a result of which no severance payment has been made.
(3) For the purposes of this Part the "relevant date" in respect of the right of an employee to a
Excluded classes of employees.
severance payment arising by reason of lay-off means any day on which the period of four consecutive weeks referred to in subsection (1) has expired.
31F. Section 318 shall not apply-
(a) where the employer is the husband or wife
of the employer;
[et. 1965 c. 62.
• 4.1
(b)
to any outworker;
(c)
(Cap. 89.)
Amaunt of severanc payment.
(d)
to any person in respect of any employment which renders him eligible for any pension, gratuity or annual allowance under the Pen- sions Ordinance;
to any person, employed by a government other than the Hong Kong Government, who is a subject or citizen of the state under whose government he is employed: or
(e) without prejudice to paragraph (2), to any person in respect of employment as A domestic servant in, or in connexion with, a private household, where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grand- son, granddaughter, stepson, stepdaughter. brother, sister, half-brother or half-sister of the employee.
31G. (1) Subject to the provisions of this Part, the amount of a severance payment to which an employce is entitled in any case shall be calculated by allowing-
(a) in the case of a monthly rated employee, one-third of his last full month's wages:
(b)
in any other case, ten days' wages based on any ten full working days chosen by the employee and occurring during his last month of employment,
for every year (and pro rata as respects an incomplete year) of employment under a continuous contract by that employer subject in all cases to a maximum payment not exceeding the total amount of wages earned during the period of twelve months immedi- ately preceding the relevant date: