TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 98

Written particulars of severance payment.

[cf. 1965 c. 62. s. 18.1

Presump- tion.

[cf. 1965 c. 62. s. 9(2).]

4.

13

20Q. (1) On making any severance payment, otherwise than in pursuance of a decision of the Labour Tribunal which specifies the amount of the payment to be made, the employer shall give to the employee a written statement indicating how the amount of the payment has been calculated.

(2) Any employer who-

(a) without reasonable excuse fails to comply

with subsection (1); or

(b) in a statement under that subsection includes anything which to his knowledge is false in a material particular, or recklessly includes anything which is false in a material partic- ular,

shall be guilty of an offence and shall be liable on conviction to a fine of $1,000.

(3) Without prejudice to any proceedings for an offence under paragraph (a) of subsection (2), if an employer fails to comply with the requirements of subsection (1), the employee may by notice in writing to the employer require the employer to give to the employee a written statement complying with those requirements within such period (not being less than one week beginning with the day on which the notice was given) as may be specified in the notice.

(4) If, without reasonable excuse, an employer fails to comply with a notice under subsection (3) he shall be guilty of an offence and shall be liable—

(a) in the case of a first conviction to a fine of

$2,000; or

(b) in the case of a second or subsequent con-

viction, to a fine of $3,000.

20R. For the purposes of this Part an employee who has been dismissed by his employer shall, unless the contrary is proved, be presumed to have been so dismissed by reason of redundancy.".

The principal Ordinance is amended by adding, after the Addition Second Schedule, the following new Schedule-

of new Schedule