fot. 1965 a. 62.
19013
General exclusions from right
to severance payment by
reason of dismissa). Der, 1965 c. 62. $21
(ii) from Kowloon or the New Territories to the island of Hong Kong; or
(c) the requirements of that business for em- ployees to carry out work of a particular kind in the place where the employee was so employed have ceased or diminished or are expected to cease or diminish.
(3) For the purposes of the application of this Part to an employee who is employed as a domestic servant in, or in connexion with, a private housebold, this Part (except section 31J) shall apply as if the household were a business and the maintenance of the household were the carrying on of that business · by the employer.
31C. (1) Except as provided by section 31H, an employce shall not be entitled to a severance payment by reason of dismissal where his employer, being so entitled by reason of the employee's conduct, termi- nates his contract of employment without notice or payment in lieu in accordance with section 9.
(2) An employee shall not be entitled to a severance payment by reason of dismissal if, not less than seven days before the relevant date, the employer has offered to renew his contract of employment, or to re-engage him under a new contract, so that-
(a) the provisions of the contract as renewed, or of the new contract, as the case may be, as to the capacity and place in which be would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the contract as in force im- mediately before his dismissal; and
(b) the renewal or re-engagement would take
effect on or before the relevant date. and the employee has unreasonably refused that offer.
(3) An employee shall not be entitled to a severance payment by reason of dismissal if, not less than seven days before the relevant date, the employer bas made to him an offer in writing to renew his contract of employment, or to re-engage him under
Damissal by employer.
Bet. 1965 c. 62,
3.1
a new contract, so that in accordance with the par- ticulars specified in the offer the provisions of the contract as renewed, or of the new contract, as the case may be, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would differ (wholly or in part) from the corresponding provisions of the contract as in force immediately before his dismissal. but-
(a) the offer constitutes ao offer of suitable
employment in relation to the employee;
(6) the offer constitutes an offer of employment no less favourable to the employee than hitherto; and
(c) the renewal or re-engagement would take
effect on or before the relevant date. and the employee has unreasonably refused that offer.
(4) Where the relevant date falls on a rest day or holiday, the references in paragraph (a) of sub- section (2) and paragraph (c) of subsection (3) to the relevant date shall be construed as references to the next day after that rest day or holiday.
(5) An employee shall not be entitled to a severance payment by reason of dismissal where he leaves the service of his employer-
(a) before the expiration of notice given to him
by the employer in accordance with section 6 without the prior consent of the employer:
or
(6) without having made a payment in lieu to the employer in accordance with section 7.
31D. (1) For the purposes of and subject to this Part, an employee shall be taken to be dismissed by his employer if, but only if—
(a) the contract under which he is employed is terminated by the employer with or without notice or payment in lieu thereof other than in accordance with section 9;
(b)
where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract; or
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