TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 75

EMPLOYMENT (AMENDMENT) (NO. 3)

Ord. No. 67/74

A431

Excluded classes of employees.

[cf. 1965 c. 62, s. 16.]

(Cap. 89.)

Amount of

severance payment.

severance payment arising by reason of lay-off means any day on which the period of four consecutive weeks referred to in subsection (1) has expired.

31F. Section 31B shall not apply-

(a) where the employer is the husband or wife

of the employee;

(b) to any outworker;

(c)

to any person in respect of any employment which renders him eligible for any pension, gratuity or annual allowance under the Pen- sions Ordinance;

(d) to any person, employed by a government other than the Hong Kong Government, who is a subject or citizen of the state under whose government he is employed; or (e) without prejudice to paragraph (a), to any person in respect of employment as a domestic servant in, or in connexion with, a private household, where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grand- son, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of the employee.

31G. (1) Subject to the provisions of this Part, the amount of a severance payment to which an employee is entitled in any case shall be calculated by allowing-

(a) in the case of a monthly rated employee,

one-third of his last full month's wages;

(b) in any other case, ten days' wages based on any ten full working days chosen by the employee and occurring during his last month of employment,

for every year (and pro rata as respects an incomplete year) of employment under a continuous contract by that employer subject in all cases to a maximum payment not exceeding the total amount of wages earned during the period of twelve months immedi- ately preceding the relevant date:

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