TNAG-0091-FCO40-127-Social-welfare-working-conditions-in-Hong-Kong-1968 — Page 63

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Persons to whom this

Ordinance applies.

(Cap. 281)

Application

to certain contracts.

(a)

any sum payable to the employee to defray special

expenses entailed on him by the nature of his employment;

or

(e) any gratuity payable on discharge or retirement.

3. (1) Save where provided otherwise herein, this Ordinance applies to every person engaged under a contract of

service.

(2) This Ordinance does not apply

-

(a) to a person employed otherwise than by way of manual

labour whose wages exceed fifteen hundred dollars per

month;

(b) to a person who is a member of the family of the

proprietor of the business in which he is employed and who dwells in the same dwelling as the proprietor; (c) to a person who is serving under articles entered into

pursuant to subsection (1) of section 10 of the Ferchant Shipping Ordinance, or on board a ship whose flag is represented by a consular officer resident in the Colony.

4. (1) The provisions of Part II shall not ply to any contract of apprenticeship made on or after the 1st day of April 1965, if, within one month after it has been made, the contract is attested by the Commissioner.

(2) For the avoidance of doubt it is hereby declared that the provisions of subsection (3) of section 5 shall not apply to any contract made before the 1st day of April 1965.

Duration of contracts of service.

PART II.

Contracts of Service.

5. (1) Every contract of service, except where it is not a continuous contract, shall, in the absence of any express agreement to the contrary, be deemed to be a contract for one month renewable from month to month.

(2) Notwithstanding that it is proved that a contract of service is for a period in excess of one month such contract shall be deemed to be a contract for one month renewable from month to month unless such contract is evidenced in writing signed by each of the parties thereto.

(3) Notwithstanding any other provision of this section. a contract of service for a period of six months or more than six months or for a numbe. of working days equivalent to six months or more than six months sh 11 be deemed to be a contract for one month renewable from monti. to month.