24
WEDNESDAY, MAY 13, 1992
"HOWEVER, IF AN EMPLOYEE IN THIS SITUATION INADVERTENTLY GIVES NOTICE OF RESIGNATION DESPITE HIS BEING ENTITLED
ΤΟ LEAVE WITHOUT NOTICE, SEVERANCE OR LONG SERVICE PAYMENT WILL NOT BE PAYABLE, CHAN SAID.
MR
"PROVISIONS ARE THEREFORE MADE IN THE BILL TO
RECTIFY THIS
ANOMALY.
AMBIGUITIES IN THE EXISTING PROVISIONS ON SETTING OFF OF RETIREMENT SCHEME PAYMENT AGAINST SEVERANCE OR LONG SERVICE PAYMENT WILL ALSO BE REMOVED TO PROTECT EMPLOYERS FROM HAVING TO PAY DOUBLE BENEFITS.
AT PRESENT WHEN AN EMPLOYEE DIES IN SERVICE, HIS STATUTORY BENEFICIARIES, NAMELY HIS SPOUSE, CHILDREN OR PARENTS IN THAT ORDER, SHALL BE ENTITLED
HIM. TO THE LONG SERVICE PAYMENT DUE TO
IF THE EMPLOYEE IS ALSO COVERED BY A RETIREMENT SCHEME, THE RETIREMENT SCHEME CAN BE SET OFF BY THE LONG SERVICE PAYMENT.
"PROBLEMS ARISE WHEN THE NOMINATED BENEFICIARY OF THE RETIREMENT SCHEME IS NOT THE SAME PERSON AS THE STATUTORY BENEFICIARY OF THE LONG SERVICE PAYMENT, MR CHAN EXPLAINED.
++
STATUTORY
"TO ENSURE THAT UNDER SUCH CIRCUMSTANCES THE BENEFICIARY OF A DECEASED EMPLOYEE WILL HAVE FIRST CALL ON THE LONG SERVICE PAYMENT AND THAT AN EMPLOYER WILL NOT HAVE TO PAY DOUBLE BENEFITS, THE BILL PROPOSES THAT THE TRUSTEE OF THE RELEVANT RETIREMENT SCHEME SHALL RETURN ΤΟ THE EMPLOYER THE AMOUNT OF
BENEFITS RETIREMENT
PAY EQUIVALENT TO LONG SERVICE PAYMENT AND
THE
BALANCE, IF ANY, TO THE NOMINATED BENEFICIARY."
LASTLY, THE BILL PROPOSES THAT ONCE THE LABOUR TRIBUNAL HAS RULED THAT SEVERANCE PAYMENT IS PAYABLE, PAYMENT SHOULD BE MADE BY THE
WITHIN 14 EMPLOYER
SET DAYS UNLESS ANOTHER TIME LIMIT IS
BY THE
TRIBUNAL.
THIS AIMS TO PLUG A LOOPHOLE IN THE EXISTING PROVISIONS WHEREBY AN UNSCRUPULOUS EMPLOYER CAN ESCAPE CRIMINAL SANCTION FOR WITHHOLDING SEVERANCE PAYMENT BY FILING A CLAIM AT THE LABOUR TRIBUNAL.
DEBATE ON THE BILL WAS ADJOURNED.
-
ACTING STI ON CONSUMER PROTECTION
KONG
THE VAST MAJORITY OF GOODS AND SERVICES SUPPLIERS IN HONG OPERATE IN A COMPETITIVE MARKET WITHOUT ANY GOVERNMENT INTERVENTION AND MARKET MECHANISM AND CONSUMER CHOICE ARE THE MOST IMPORTANT FACTORS FOR GUARANTEEING A FREE MARKET.
THIS WAS STATED BY THE ACTING SECRETARY FOR TRADE AND INDUSTRY, MISS DENISE YUE, IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) IN REPLY TO A QUESTION BY THE HON LI WAH-MING.
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