TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 71

EMPLOYMENT (AMENDMENT) (NO. 3)

[cf. 1965 c. 62, 8. 56(1).]

(Cap. 332.)

General provisions

as to right to severance payment.

[cf. 1965 c. 62, ss. 1 & 19(1).]

Ord. No. 67/74 A427

(e) where the employee is employed under a contract for a fixed term and that term

expires, the date on which that term expires;

"renewal" includes extension, and any reference to renewing a contract shall be construed accord- ingly;

"severance payment" means the severance payment payable by an employer to an employee under section 31B(1);

"strike" has the meaning assigned to it by section 2

of the Trade Unions Ordinance;

"week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night.

31B. (1) Where, on or after a day to be ap- pointed by the Governor by notice in the Gazette, an employee who has been employed under a con- tinuous contract for a period of not less than twenty- four months ending with the relevant date-

(a) is dismissed by his employer by reason of

redundancy; or

(b) is laid off within the meaning of section 31E, the employer shall, subject to this Part, be liable to pay to the employee a severance payment calculated in accordance with section 31G.

(2) For the purposes of this Part an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to the fact that-

(a) his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him; (b) his employer has moved, or intends to move, the place in which the employee was or is so employed-

(i) from the island of Hong Kong to Kowloon or the New Territories; or

(ii) from Kowloon or the New Territories to the island of Hong Kong; or