TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 97

Death of

employer or of employee. Third Schedule.

1965 c. 62, s. 23.

Claims for

severance

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

(Cap. 25.)

Making of

severance

payment.

(Cap. 155.)

12

20N. 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.

200. 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 payment, has been made the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with Part IV of the Labour Tribunal Ordinance.

20P. (1) Where an employee is entitled to a severance payment under this Part, his employer shall make the severance payment to him not later than two months from the receipt of a notice in accordance with paragraph (b) of section 200 unless either the employer or the employee has, before the expiration of that period, made the severance payment the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with paragraph (c) of section 200.

(2) A severance payment shall be made in legal tender except that, where the employee so consents, payment may be made-

(a) by cheque, money order or postal order; (b) into an account in his name with any bank

licensed under the Banking Ordinance; or

(c) to his duly appointed agent.

(3) Any employer who fails to comply with sub- section (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.

"