1961-HKRS29-8-28_Part04 — Page 4

16

17

No obliga-

tom to tako into account any day

worked prior

to com-

mencement

of Ordinance.

Worker

ordinary

Wages i

ed, by a person in the same grade employed in the same class of employment and in the same district,

(2) In the assessment of the earnings of a worker-

(a) there shall be included any allowance of a constant character, other than an allowance of which, by virtue of paragraph (5). no account is to be taken; and

(b) no account shall be taken of-

() any payment in respect of overtime employment:

(ii) any payment by way of periodic bonus or gratuity: (i) any payment to cover any special expenses entailed on the worker by the nature of his employment or any travelling allowance; or

(iv) any contribution by the person from whom the worker claims payment of the holiday pay or the sickness allowance, as the case may be, to any pension fund, provident fund or welfure fund.

(3) For the purposes of this section, the expression "the relevant day" means-

(a) in the case of the holiday pay, the statutory holiday; and (b) in the case of the sickness allowance, the day on which, from time to time, the worker first absents himself from work on account of the sickness or injury.

25. In determining whether or not a worker is entitled to be paid the holiday pay or the sickness allowance, no person shall be obliged to take into account any day on which the worker worked for him prior to the commencement of this Ordinance.

26. Where, pursuant to the terms of his contract of service or

who is paid apprenticeship or of any other agreement or for any other reason, a worker is paid his ordinary wages in respect of any of the following days, notwithstanding that on that day he has absented himself from work, namely--

respect of

holiday or

sick leave not enticed

to holiday

par or

sickness

allowance in

addition.

(a) any holiday, or

(b) any day on which he is unfit for work on account of sickness

or injury,

the worker shall not, in addition to such ordinary wages, be entitled to be paid the holiday pay or the sickness allowance, as the case may be.

27. (1) A worker shall not be entitled to claim the holiday pay Restriction from more than one person in respect of the same holiday.

on right of worker to

(2) A worker shall not be entitled to claim the sickness allowance daim holiday in respect of any day on which he is absent from work on account of pay t

from more sickness or injury from more than one person.

Chan ope

person.

of worker

31. No person shall terminate, or threaten to terminate, the employ- Employment ment of, or in any way discriminate against, any worker employed by him by reason of the fact that the worker has-

not to be terminated by reason

he has given evidence in

(a) given evidence, or agreed to give evidence, in any proceeding of fact that

for the enforcement of this Ordinance; or (8) given information to any public officer in any inquiry made proceedings

by such officer for the purposes of or in connexion with the under Ordin- enforcement of this Ordinance.

ance, etc.

29. No fee shall be payable by, and no costs exceeding fifty Court fees dollars shall be awarded against, any person in respect of any proceed. and costs

in civil ings instituted in the District Court by or on behalf of any person for proceedings the recovery of any holiday pay or sickness allowance or in relation to under Ordin- any other matter arising under this Ordinance,

BOCC.

<tc. in event of

30. For the purposes of section 38 of the Bankruptcy Ordinance Payment of and section 250 of the Companies Ordinance, any holiday pay or sick- holiday pay. ness allowance to which a worker is entitled shall, whenever the worker became or becomes entitled thereto, be deemed to be wages in respect bankruptcy, of services rendered during the relevant period prescribed in the said etc. section 38 or the said section 250 or in section 79 of the Companies (Cap. Ordinance, as the case may be.

(Cap. 32).

31. Any contract or agreement and any term of any contract or Comtacung agreement, whether the contract or agreement is made before or after out. the commencement of this Ordinance, whereby any right, benefit, or protection conferred upon a worker by this Ordinance is extinguished or reduced shall be null and void.

32. For the purposes of this Ordinance, the Commissioner and Powers of

officers. any inspector shall have the following powers-

(a) to enter any premises or place at any reasonable time during

the hours of daylight;

(b) to require the production of any records, books, documents, certificates or notices issued, kept or made for the purposes of or in connexion with this Ordinance or required thereunder to be issued, kept or made or of any copies of any such records, books, documents, certificates or notices, and to inspect, examine and make copies of the same;