1974-HKRS28-16-22_Part05 — Page 14

Addition of new Schedule.

Presump tion

ter. 1963 c. 62.

90201

6.

14

shall be guilty of an offence and shall be liable on conviction to a fine of $1.000.

(3) Without prejudice to any proceedings for an offence under paragraph (2) of subsection (2), if an employer fails to comply with the requirements of subsection (1), the employee may by notice in writing to the employer require the employer to give to the employee a written statement complying with those requirements within such period (not being less than one week beginning with the day on which the notice was given) as may be specified in the notice.

(4) If, without reasonable excuse, an employer fails to comply with a notice under subsection (3) he shall be guilty of an offence and shall be liable-

(4) in the case of a first conviction to a fine of

$2,000; or

(b) in the case of a second or subsequent con-

viction. to a fine of $3,000.

310. For the purposes of this Part an employee who has been dismissed by his employer shall, unless the contrary is proved, be presumed to have been so dismissed by reason of redundancy.".

The principal Ordinance is amended by adding, after the Second Schedule, the following new Schedule-

“THIRD SCHEDULE

DEATH OF EMPLOYER OR OF EMPLOYEE

PART 1

Death of Employer

[s, JIM-J

I. This Part shall have effect in relation to an employee where his employer (in this Part referred to as "the deceased employer'') dies.

2 Section 311 shall not apply to any change whereby the owner- ship of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer.

3. Where, by virtue of section 3IL(1), the death of the deceased employer is to be treated for the purposes of Part VA of this Ordinance as a termination by him of the contract of employment, the employee shall nevertheless not be treated for these purposes as having been dis- missed by the deceased employer if

15

{0} his contract of employment is renewed by a personal representa- tive of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative; and (6) the renewal or re-engagement takes effect not later than four

weeks after the death of the deceased employer.

4. Where, by reason of the death of the deceased employer, the employee is treated for the purposes of Part VA of this Ordinance as having been dismissed by him, he shall not be entitled to a severance payment in respect of that dismissal if a personal representative of the deceased employer has made to him an offer in writing to renew bis con- tract of employment, or to re-engage him under a new contract, so that in accordance with the particulars specified in the offer the renewal or re-engagemeal would take effect not later than four weeks after the death of the deceased employer and eitber-

(a) the provisions of the contract as renewed, or of the new contract, as the caso may be, as to the capacity and place in which he would be employed, and as to the other terma and conditions of his employment, would not differ from the corresponding provisions of the contract as in force immediately before the death: or

(5) if, in accordance with the particulars specified in the offer, those provisions would differ (wholly or in part) from the correspond- ing provisions of the contract as in force immediately before the death, the offer constitutes an offer of suitable employment in relation to that employee,

and (in either case) the employee bas unreasonably refused that offer,

5.

For the purposes of paragraph 4–—

(a) an offer shall not be treated as one whereby the provisions pl the contract as renewed, or of the new contract, as the case may be, would differ from the corresponding provisions of the con- tract as in force immediately before the death of the deceased employer by reason only that the personal representative would be substituted as the employer for the deceased employer; and (b) no account shall be taken of that substitution in determining

whether the refusal of the offer was unreasonable.

6. Where by virtue of section 31L(1) the death of the deceased employer is to be treated as a termination by him of the contract of employment, any reference in subsection (2) of that section to section 3D(2) shall be construed as including a reference to paragraph 3.

7. Where by virtue of paragraph 3 the employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after the death of the deceased employee, then-

(e) in determining, for the purposes of section 319(1), whether he has been employed under a continuous contract for the requisite period, the interval between the death and the date on which the renewal or re-engagement takes effect shall count as a period of employment with the personal representative of the deceased employer, if apart from this paragraph it would not count for that purpose as such a period of employment; and