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WEDNESDAY, JANUARY 10, 1990
MR YEUNG SAID A THIRD AREA OF IMPROVEMENT THE REVISED DEFINITION OF LAY-OFF.
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COULD BE FOUND IN
FROM DISTINGUISHED DEEMED TO BE LAID OFF, THE EMPLOYER DOES NOT WORKING DAYS WITHIN A
"AT THE PRESENT TIME, AN EMPLOYEE WHOSE EARNINGS DEPEND ON THE AMOUNT OF WORK PROVIDED BY HIS EMPLOYER AS
AN EMPLOYEE WHO IS PAID ON A MONTHLY BASIS IS AND HENCE ENTITLED TO SEVERANCE PAYMENT, IF PROVIDE WORK FOR HIM ON MORE THAN 12 PERIOD OF FOUR CONSECUTIVE WEEKS.
NORMAL
"THIS DEFINITION STEMS FORM THE ASSUMPTION THAT EMPLOYEES COULD REASONABLY EXPECT THE EMPLOYER TO PROVIDE THEM WITH WORK FOR 24 DAYS IN A PERIOD OF FOUR CONSECUTIVE WEEKS, SO THAT ANY EMPLOYEE WHO IS PROVIDED WITH WORK FOR LESS THAN HALF OF THIS NUMBER OF NORMAL WORKING DAYS IN SUCH A PERIOD WOULD BE REGARDED AS HAVING BEEN LAID OFF. HE SAID.
MR YEUNG POINTED OUT THAT THE DEFINITION HAD BEEN FOUND ΤΟ BE INFLEXIBLE.
"IT HAS WORKED TO THE DISADVANTAGE OF THOSE EMPLOYEES WHO ARE USUALLY PROVIDED WITH WORK FOR MORE THAN 24 DAYS OVER ANY PERIOD OF FOUR CONSECUTIVE WEEKS.
"CONVERSELY, IT HAS WORKED TO THE DISADVANTAGE OF EMPLOYERS WHO USUALLY PROVIDE WORK FOR LESS THAN 24 DAYS OVER THE SAME PERIOD OF TIME.
"THE BILL, THEREFORE, SEEKS TO REMOVE THE INFLEXIBILITY AND TO RE-DEFINE LAY-OFF AS MEANING A SITUATION IN WHICH THE EMPLOYER FAILS TO PROVIDE WORK ON MORE THAN HALF OF THE NUMBER OF NORMAL WORKING DAYS IN A PERIOD OF FOUR CONSECUTIVE WEEKS, HE SAID.
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IN ORDER TO PROTECT EMPLOYEES FROM PROLONGED UNDER-PROVISION OF WORK, MR YEUNG SAID THE BILL FURTHER PROPOSED THAT AN EMPLOYEE WOULD ALSO BE REGARDED AS HAVING BREN LAID OFF [F NO WORK WAS PROVIDED ON MORE THAN ONE THIRD OF THE NUMBER OF NORMAL WORKING DAYS IN A PERIOD OF 26 CONSECUTIVE WEEKS.
THE BILL ALSO REMOVED AN AMBIGUITY REGARDING THE PROTECTION PREGNANT EMPLOYEES AGAINST DISMISSAL.
OF
MR YEUNG EXPLAINED THAT DOUBTS HAD BEEN RAISED AS ΤΟ WHETHER AN EMPLOYEE WHO HAD GIVEN NOTICE OF HER INTENTION TO TAKE MATERNITY LEAVE WAS PROTECTED FROM TERMINATION OF EMPLOYMENT UNLESS SHE HAD COMPLETED A QUALIFYING PERIOD OF SERVICE.
A
THE BILL MADE IT CLEAR THAT AN EMPLOYEE WHO HAD COMPLETED QUALIFYING PERIOD OF 12 WEEKS OF CONTINUOUS EMPLOYMENT WOULD BE ENTITLED TO PROTECTION. HE SAID.
MR YEUNG SAID MISCELLANEOUS AMENDMENTS.
THE BILL ALSO INTRODUCED
A NUMBER OF
/"THEY INCLUDE