1961-HKRS28-8-28_Part04 — Page 3

14

15

Days worked for one person deemed to be worked

for another in certain CASCS.

(b) Where a worker to whom a qualification notice has been issued terminates his employment with the person by or on behalf of whom the notice was issued to him, the notice shall be deemed to have been cancelled with effect from the ter mination by the worker of his employment.

(4) The cancellation of a qualification notice by the person by or on behalf of whom it was issued shall not take effect until the end of the month in which the notice of its cancellation was served or posted in accordance with subsection (3).

(5) In any proceedings by or on behalf of a worker for the re- covery of any holiday pay or sickness allowance-

(a) where it is intended to rely upon a qualification notice, the fact that it is intended to rely thereon shall be set out in the statement of claim;

(6) a qualification notice shall be admissible in evidence without proof that it was signed in accordance with subsection (2) if the court is otherwise satisfied that it was issued to the worker; (c) where a qualification notice issued to the worker is admitted in evidence, no further proof that the worker is a qualified worker shall be necessary unless it is proved that the notice has been cancelled; and

(d) where it is proved that a qualification notice issued to the worker has been cancelled, the worker shall be presumed to have worked for the person by whom it was issued on twenty- six days in each month during which the notice was in force. (6) During the continuance in force of a qualification notice, the person by whom it was issued shall, in respect of the worker to whom it was issued, be exempt from sections 13 and 14 or sections 15 and 16, as the case may be.

(7) For the purposes of this section, the expression “qualified worker" means a worker who has worked for the person by or on behalf of whom the qualification notice was issued to him on not less than one hundred and eighty days during the period of twelve months preceding, as the case may be, the statutory holiday or the day on which on any occasion of sickness or injury he first absents himself from work on account of the sickness or injury and on not less than twenty days during the period of twenty-eight days preceding that day.

23. (1) Where the business carried on by any person (hereinafter referred to as the old employer) becomes carried on by some other person (hereinafter referred to as the new employer), whether or not that business is carried on in conjunction with any other business carried on by the new employer, any day on which a worker worked for the old employer and any day on which the worker is, by virtue of this

section, deemed to have worked for the old employer, shall, for the purposes of sections 6 and 7, be deemed to be a day on which the worker worked for the new employer.

(2) Nothing in the provisions of subsection (1) shall be deemed to require the new employer to pay a worker the boliday pay in respect of any holiday, or the sickness allowance in respect of any day, prior to the day on which the business became carried on by him.

24. (1) The following rules apply with respect to the assessment Provisions as of the average daily earnings of a worker-

Lo as comment of average

earnings.

(a) Average daily earnings shall be computed in such a manner daily as is best calculated to give the rate per day at which the worker was being remunerated.

(6) In the case of a worker whose wages are calculated by the hour, the day or the piece, the average daily earnings of the worker shall be assessed by dividing the aggregate of the earnings of the worker during the period prescribed in sub- section (1) or (2), as the case may be, of section 10 as the period in relation to which the average daily earnings of the worker are to be assessed by the number of days on which, during the period, the worker worked for the person from whom he claims payment of the holiday pay or the sickness allowance, as the case may be.

(c) Where

() in the case of the holiday pay, by reason of the short- ness of the time during which the worker has been employed by the person from whom he claims payment of the same or the limited number of days on which he has worked for that person during the period prescribed in subsection (1) of section 10 as the period in relation to which the average daily carnings of the worker are to be assessed or the casual nature of the employment or the terms of the employment; or

(i) in the case of the sickness allowance, by reason of the limited number of days on which, during the period prescribed in subsection (2) of section 10 as the period in relation to which the average daily carnings of the worker are to be assessed, the worker has worked for the person from whom he claims payment of the same or the casual nature of the employment or the terms of the employmeat,

it is impracticable to compute the rate of remuneration, regard may be had to the average daily amount that, during the twenty-eight days immediately preceding the relevant day, was being earned by a person in the same grade employed at the same work by that person, or, if there is no person so employ-