TNAG-1519-FCO40-2080-Employment-in-Hong-Kong-1986 — Page 193

A BILL

To

Enclosure No. 4

Amend the Employment Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Employment (Amendment) Ordin- Short title and ance 1985 and shall come into operation on 1 January 1986.

commencement.

2.

Section 2 of the principal Ordinance is amended-

Amendment of section 2.

(a) in subsection (1), by inserting in the appropriate alphabetical order the

following definitions-

(Cap. 57.)

Third Schedule.

Sixth Schedule.

(Cap. 25.)

(Cap. 332.)

L4

"business" includes a trade or profession and any like activity carried

on by a person;

"cease", in relation to Part VA, Part VB, the Third Schedule and the Sixth Schedule, means cease either permanently or temporarily and from whatsoever cause, and "diminish" has a corresponding meaning;

"domestic servant" includes a garden servant, chauffeur and boatboy

and any other personal servant of a like class;

"Labour Tribunal" means the Labour Tribunal established by sec-

tion 3 of the Labour Tribunal Ordinance:

"lock-out" has the meaning assigned to it by section 2 of the Trade

Unions Ordinance;

"long service payment" means the long service payment payable by an

employer to an employee under section 31R(1);

"outworker" means a person to whom articles or materials are, for payment or reward, given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the articles or materials; "relevant date", in relation to the dismissal of an employee, means—

(a) where the employee's contract of employment is terminated by notice given by his employer in accordance with section 6, the date on which that notice expires;

(b) where the employee's contract of employment is terminated by the employer by payment in lieu of notice in accordance with section 7, the date up to which such wages are calculated; (c) where the employee's contract of employment is terminated other than in accordance with the provisions of this Ordin- ance, the date of termination;

(d) where the employee terminates his contract of employment without notice or payment in lieu in accordance with section 10, the date on which termination takes effect; and

(e) where the employee is employed under a contract for a fixed term and that term expires, the date on which that term expires;

"renewal" includes extension, and any reference to renewing a contract

shall be construed accordingly;

"severance payment" means the severance payment payable by an

employer to an employee under section 31B(1);