TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 76

A432

Ord. No. 67/74

Special pro- vision as to

termination of contract in case of strike.

[cf. 1965 c. 62, s. 10.]

Set-off of gratuity or

provident

fund

payment

against

severance payment.

EMPLOYMENT (AMENDMENT) (NO. 3)

Provided that the employee may elect to have his wages averaged over the period of twelve months immediately preceding the relevant date.

(2) Where an employee, who is employed other- wise than by way of manual labour, is dismissed by reason of redundancy or is laid off and at the time of such dismissal or lay-off earned wages exceeding $2,000 per month but within a year prior thereto earned wages for any period not exceeding $2,000 per month, he shall be entitled to a severance payment in respect of the whole of the period of employment during which his wages did not exceed $2,000 per month.

(3) For the purposes of this section, the period of employment under a continuous contract shall not include any such employment occurring more than five years prior to the day appointed by the Governor pursuant to section 31B(1).

(4) In this section, "wages" shall not include any payments in respect of overtime.

31H. Where an employee, who has been given notice by his employer to terminate his contract of employment, takes part in a strike before the expiry of that notice in such circumstances that the employer is entitled by reason of his taking part in the strike to treat the contract as terminable with- out notice, and the employer for that reason termi- nates the contract as mentioned in section 31C(1), that subsection shall not apply to that termination of the contract.

311. (1) Subject to subsection (2), where an employee is entitled-

(a) by virtue of this Part, to a severance pay-

ment; and

(b) by virtue of—

(i) the terms of his contract of employ- ment, to a gratuity based upon length of service; or

(ii) a provident fund scheme or arrange- ment, to a payment thereunder,

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