2
FRIDAY, MAY 1, 1992
IT,"
"THE DEVELOPMENT IN HONG KONG'S
TRANSPORT NETWORK
IN RECENT
DEPARTMENT'S
YEARS HAS MADE THE REFERENCE TO CROSSING THE HARBOUR UNREALISTIC,
REMOVE BILL PROPOSES TO
SAID THE LABOUR OFFICER MR JAMES YEUNG.
LABOUR
THE CHIEF
HOWEVER,
WORKPLACE HAS SUFFICIENTLY
ESTABLISH
MR YEUNG POINTED OUT THAT 1F CAUSED UNDUE HARDSHIP
ΤΟ SEVERE
то
A
A AN EMPLOYEE, CONSTRUCTIVE
CHANGE
DISMISSAL
OF THE IS WHICH
UNDER
COMMON LAW, THE EMPLOYEE MAY STILL HAVE A CLAIM TO SEVERANCE PAYMENT.
IS
ΤΟ
FIXED PLACE OF EMPLOYMENT "ALSO, IF AN EMPLOYEE WITH NO
A REDUCTION IN DEMAND DISMISSED AND HIS DISMISSAL IS DUE MAINLY TO FOR HIS PARTICULAR KIND OF
EMPLOYEE IS ENTITLED WORK, THE SEVERANCE PAYMENT," HE ADDED.
THE BILL
ALSO
PROVISION
IN THE
ORDINANCE AND LONG SERVICE RESIGN BECAUSE OF HIS
IN
A CLARIFIED RESPECT OF AN EMPLOYEE'S ENTITLEMENT TO SEVERANCE PAYMENTS WHERE THE EMPLOYEE SERVES NOTICE TO EMPLOYER'S MISCONDUCT.
HIS CONTRACT
OF
PAYMENT IN
TERMINATES "WE PROPOSE THAT AN EMPLOYEE WHO EMPLOYMENT IN SUCH CIRCUMSTANES SHOULD BE ENTITLED, TO THESE PAYMENTS,. WHETHER OR NOT HE HAS SERVED NOTICE TO RESIGN OR HAS GIVEN LIEU OF NOTICE," MR YEUNG SAID.
PROVIDES THAT AN ON THE OTHER HAND, THE EMPLOYMENT ORDINANCE
LEAVE OR PAID EMPLOYEE WHO IS DISMISSED AND WHO HAS TAKEN PAID SICK
MONTHS OF MATERNITY LEAVE DURING THE LAST 12
EMPLOYMENT SHOULD BE THAT PERIOD CONSIDERED AS HAVING BEEN PAID HIS FULL WAGES THROUGHOUT
HIS SEVERANCE AND LONG PURPOSE OF CALCULATING
SERVICE FOR THE
ENTITLEMENTS.
EXTEND
THIS PROVISION
ΤΟ
INCLUDE
BEEN
то
THEIR
"THE BILL NOW PROPOSES TO EMPLOYEES WHO HAVE NOT BEEN PROVIDED WITH ENOUGH WORK OR WHO HAS
LEAVE
NO-PAY MATERNITY LEAVE, ON NO-PAY SICK
OR DISMISSAL, MR YEUNG SAID.
PRIOR
COVER ANY EMPLOYEES
OR WHO HAVE DIED
WHO
"SIMILARLY, THE PROVISION WILL ALSO HAVE RESIGNED ON GROUNDS OF ILL-HEALTH OR OLD AGE, IN THE COURSE OF EMPLOYMENT,"
"THESE
HAVE WILL
HE ADDED.
THE
AN EFFECT OF PROTECTING
EMPLOYEE'S PAYMENTS AGAINST POSSIBLE ENTITLEMENT TO SEVERANCE AND LONG SERVICE REDUCTION IN THESE SITUATIONS," HE STRESSED.
ΤΟ
THE BILL ALSO CLARIFIED CERTAIN PROVISIONS IN THE ORDINANCE
BENEFITS ΤΟ THE ENSURE THAT AN EMPLOYER WILL NOT HAVE TO PAY DOUBLE SAME EMPLOYEE UPON TERMINATION OF EMPLOYMENT CONTRACT.
L
PAYMENT
"THE BILL PROPOSES THAT GRATUITY OR RETIREMENT SCHEME AND LONG SERVICE OR SEVERANCE PAYMENTS SHOULD BE MUTUALLY OFF-SETTING, SHOULD BE AND THAT ANY RETIREMENT SCHEME PAYMENT PAID BY AN EMPLOYER
PAYMENTS MADE TO REDUCED BY THE AMOUNT OF SEVERANCE OR LONG SERVICE HIS EMPLOYEE AND VICE VERSA," MR YEUNG EXPLAINED.
/AT PRESENT