TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 74

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A430

Ord. No. 67/74

(c)

Lay-off.

[cf. 1965 c. 62, s. 5(1).]

EMPLOYMENT (AMENDMENT) (NO. 3)

the employee, being so entitled by reason of the employer's conduct, terminates that contract without notice or payment in lieu in accordance with section 10.

(2) An employee shall not be taken for the pur- poses

of this Part to be dismissed by his employer if- (a) his contract of employment is renewed, or he is re-engaged by the same employer under a new contract of employment; and (b) the renewal or re-engagement takes effect immediately on the ending of his employ- ment under the previous contract.

(3) For the purposes of the application of sub- section (2) to a contract under which the employment ends on a rest day or holiday, the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or before the next day after that rest day or holiday.

31E. (1) Where an employee is employed under a contract on such terms and conditions that his

remuneration thereunder depends on his being provided by the employer with work of the kind he is employed to do, he shall for the purposes of section 31B(1) be taken to be laid off where the employer does not provide such work for him on at least a total of twelve normal working days in any period of four consecutive weeks and whereby he is not entitled to any remuneration under the contract for such period:

Provided that any period during which an em- ployee is not provided with work because of a lock- out by his employer, or as a result of a rest day or holiday, shall not be taken into account in determining whether an employee has been laid off.

(2) The continuity of a contract of employment of an employee shall not be treated as broken by any lay-off as a result of which no severance payment has been made.

(3) For the purposes of this Part the "relevant date" in respect of the right of an employee to a

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