XN000022-1986-01-17 — Page 6

FRIDAY, JANUARY 17, 1986 -

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LONG SERVICE PAYMENT LAW EXPLAINED

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LABOUR DEPARTMENT FIGURES CONTRADICT RECENT CLAIMS THAT MANY EMPLOYERS HAD DISMISSED THEIR WORKERS BEFORE THE LONG SERVICE PAYMENT LEGISLATION CAME INTO EFFECT ON JANUARY 1.

THE CHIEF LABOUR OFFICER IN CHARGE OF THE LABOUR RELATIONS, MR CHOW TUNG-SHAN SAID THAT OF THE 586 CASES REGISTERED WITH THE DEPARTMENT DURING THE PERIOD -- AFTER THE LEGISLATION WAS PASSED ON DECEMBER 18 AND BEFORE ITS EFFECTIVE DATE ON JANUARY 1 ONLY SEVEN WERE IDENTIFIED AS CASES CONNECTED WITH LONG SERVICE PAYMENT.

+ THE SEVEN INDIVIDUAL CASES INVOLVE ONLY SEVEN PEOPLE AND THE TOTAL AMOUNT CLAIMED IS ABOUT $70 000, THESE CASES ARE BEING HANDLED AND THE OUTCOME IS NOT YET KNOWN, HE SAID.

HOWEVER, MR CHOW STRESSED THAT IN THE CASE OF TERMINATION BY NOTICE, THE LAST DAY OF THE DISMISSAL NOTICE WOULD BE COUNTED.

+THAT IS TO SAY, IF THE LAST DAY OF THE DISMISSAL NOTICE FALLS ON OR AFTER JANUARY 1, THE WORKERS WILL BE PROTECTED UNDER THE LONG SERVICE PAYMENT LEGISLATION.

+OR, IF THE EMPLOYER DISMISSED HIS WORKERS BY WAGES IN LIEU OF NOTICE, THE DATE UP TO WHICH SUCH WAGES ARE CALCULATED WILL BE RECKONED AS THE RELEVANT DATE FOR THE CALCULATION OF LONG SERVICE PAYMENT.

+ IF THIS 'RELEVANT DATE' FALLS BEYOND JANUARY 1, THE WORKERS WILL ALSO BE PROTECTED BY THE LONG SERVICE PAYMENT LEGISLATION.+

HE SAID THE NATURE OF THE OTHER CASES RECORDED DURING THE PERIOD WAS CONCERNED WITH SEVERANCE PAYMENT, WAGES IN LIEU OF NOTICE AND OTHER ISSUES ARISING OUT OF EMPLOYMENT CONTRACTS, AND NOT RELATED TO LONG SERVICE PAYMENT.

THESE CASES INCLUDED THE DISPUTES INVOLVING A TOY FACTORY IN CHAI WAN AND A RESTAURANT IN KWUN TONG.

+IN CASE OF DOUBTS OR ENQUIRIES ABOUT THE LEGISLATION, WORKERS OR EMPLOYERS ARE WELCOME TO CALL ON OUR LABOUR RELATIONS OFFICES OR MAKE USE OF THE 3 HOTLINES AT 5-8523509, 3-242779 OR 0-4980208,+

MR CHOW SAID THE SPIRIT OF THE LEGISLATION WAS TO RECOGNISE THE LOYALTY OF THE OLDER WORKERS WHO HAD WORKED CONTINUOUSLY FOR A LONG PERIOD WITH THEIR EMPLOYERS AND PROVIDE THEM WITH ADDITIONAL PROTECTION WHEN THEY WERE DISMISSED.

+EVEN WITHOUT THE LEGISLATION, TRADITIONALLY MANY EMPLOYERS WOULD GIVE SOME FORM OF GRATUITY TO THEIR LONG SERVICE WORKERS,+ HE SAID.

+AS THERE WAS A PRESSING NEED TO PROTECT SUCH WORKERS, THE LEGISLATION WAS ENACTED AS QUICKLY AS POSSIBLE SO THAT QUALIFIED EMPLOYEES CAN ENJOY THIS ADDITIONAL BENEFIT.

+THE GOVERNMENT WILL COLLECT VIEWS AND COMMENTS ON THE LEGISLATION FOR AN OVERALL REVIEW IN A YEAR'S TIME, HE ADDED.

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