TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 80

A436

Ord. No. 67/74

Death of employer or of employee. Third Schedule.

1965 c. 62, s. 23.

Claims for

severance

payments. [cf. 1965 c. 62, s. 21.]

EMPLOYMENT (AMENDMENT) (NO. 3)

operates so as to terminate a contract under which an employee is employed by him, that act or event shall for the purposes of this Part be treated as a termination of the contract by the employer, if apart from this subsection it would not constitute a termi- nation of the contract by him.

(2) Where subsection (1) applies, and the employee's contract of employment is not renewed, and he is not re-engaged under a new contract, as mentioned in section 31D(2), he shall for the purposes of this Part be taken to be dismissed by reason of redundancy if the circumstances in which the contract is not renewed and he is not re-engaged as mentioned in section 31D(2), are wholly or mainly attributable to one or other of the facts specified in section 31B(2).

(3) For the purposes of subsection (2), paragraph (a) of section 31B(2), in so far as it relates to the employer ceasing or intending to cease to carry on the business, shall be construed as if the reference to the employer included a reference to any person to whom, in consequence of the act or event in question, power to dispose of the business has passed.

(4) In this section any reference to section 31D(2) includes a reference to section 31D(2) as applied by section 31J(2).

31M. Part I of the Third Schedule shall have effect in relation to the death of an employer; and Part II of that Schedule shall have effect in relation to the death of an employee.

31N. Notwithstanding anything in this Part, an employee shall not be entitled to a severance payment unless, before the end of the period of one month beginning with the relevant date, or within such extended period as the Commissioner may agree—

(a) the payment has been agreed and paid; (b) the employee has made a claim for payment by notice in writing given to the employer;

or

(c) a question as to the right of the employee to the payment, or as to the amount of the

?