TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 92

Special pro- vision as to

termination of contract in case of strike.

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

7

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

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

(b) in the case of a daily paid or piece-rated

employee, ten days' wages based on any ten full working days 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:

Provided that a monthly paid employee or a daily paid or piece-rated employee may elect to have his month's or daily wages, as the case may be, averaged over the period of twelve months immedi- ately 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 of less than $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 were less than $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 subsection (1) of section 20C.

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

201. 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 subsection (1) of