TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 88

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

General exclusions from right

to severance payment by

reason of dismissal.

[cf. 1965 c. 62, s. 2.]

3

(a) is dismissed by his employer by reason of

redundancy; or

(b) is laid off within the meaning of section 20F, the employer shall, subject to this Part, be liable to pay to the employee a severance payment calculated in accordance with section 20H.

(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-

(i) for the purposes of which the employee was employed by him; or

(ii) in the place where the employee was so employed; or

(b) the requirements of that business for em-

ployees to carry out work of a particular kind in the place where the employee was so employed have ceased or diminished or are expected to cease or diminish.

(3) For the purposes of the application of this Part to an employee who is employed as a domestic servant in, or in connexion with, a private household, this Part (except section 20K) shall apply as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.

20D. (1) Except as provided by section 201, an employee shall not be entitled to a severance payment by reason of dismissal where his employer, being so entitled by reason of the employee's conduct, termi- nates his contract of employment without notice or payment in lieu in accordance with section 8.

(2) An employee shall not be entitled to a severance payment by reason of dismissal if, not less than seven days before the relevant date, the employer has offered to renew his contract of employment, or to re-engage him under a new contract, so that-

(a) the provisions of the contract as renewed, or of the new contract, as the case may be,