1974-HKRS28-16-22_Part05 — Page 13

Death of

employer or

of employer. Third Schedule. 1965 m. 62. 4. 21.

Claims for severance payments. [ey. 1965 c. 62. 1.11.1

12

operates so as to terminate a contract under which an employee is employed by him, that act or event shall for the purposes of this Part be treated as a termination of the contract by the employer, if apart from this subsection it would not constitute a termi- nation of the contract by him.

(2) Where subsection (1) applies, and the employee's contract of employment is not renewed. and be is not re-engaged under a new contract, as mentioned in section 31D(2), he shall for the purposes of this Part be taken to be dismissed by reason of redundancy if the circumstances in which the contract is not renewed and he is not re-engaged as mentioned in section 31D(2), are wholly or mainly attributable to one or other of the facts specified în section 318(2),

(3) For the purposes of subsection (2), paragraph (a) of section 31B(2), in so far as it relates to the employer ceasing or intending to cease to carry on the business, shall be construed as if the reference to the employer included a reference to any person to whom, in consequence of the act or event in question, power to dispose of the business has passed.

(4) In this section any reference to section 31DX2) includes a reference to section 31D(2) as applied by section 31J(2).

3IM. Part I of the Third Schedule shall have effect in relation to the death of an employer; and Part II of that Schedule shall have effect in relation to the death of an employee.

31N. Notwithstanding anything in this Part, an employee shall not be entitled to a severance payment unless, before the end of the period of one month beginning with the relevant date, or within such extended period as the Commissioner may agree—

(a) the payment has been agreed and paid: (b) the employee has made a claim for payment by notice in writing given to the employer:

Or

(c) a question as to the right of the employer to the payment, or as to the amount of the

(Cap. 25)

Making of

severance payment.

(ap. 155.)

Written particulars of severance payment.

kt. 1964 c. 62. 1.19.|

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payment, has been made the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with Part IV of the Labour Tribunal Ordinance.

310. (1) Where an employee is entitled to a severance payment under this Part, his employer shall make the severance payment to him not later than two months from the receipt of a notice in accordance with paragraph (b) of section 31N unless either the employer or the employee has, before the expiration of that period, made the severance payment the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with paragraph (c) of section 3IN.

(2) A severance payment shall be made in legal tender except that, where the employee so consents, payment may be made-

(a) by cheque, money order or postal order; (5) into an account in his name with any bank

licensed under the Banking Ordinance: or

(c) to his duly appointed agent.

(3) Any employer who without reasonable excuse fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on convic- tion to a fine of $5,000.

31P. (1) On making any severance payment, otherwise than in pursuance of a decision of the Labour Tribunal which specifies the amount of the payment to be made, the employer shall give to the employee a written statement indicating how the amount of the payment has been calculated.

(2) Any employer who-

(2) without reasonable excuse fails to comply

with subsection (1); or

(b) in a statement under that subsection includes anything which to his knowledge is false in a material particular, or recklessly includes anything which is false in a material partic- ular.