TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 49

A272

Ord. No. 52/88

Sections

substituted

EMPLOYMENT (AMENDMENT) (NO. 2)

6. Section 31R is repealed and the following substituted—

"General

31R. (1) Where an employee who has been employed provisions as to under a continuous contract-

employee's

right to long service payment

Fifth Schedule

Death of employee

Fifth Schedule

(a) for not less than the number of years of service at the relevant date, specified in column 2 of the table in the Fifth Schedule opposite his age at that date specified in column 1 of that table--

(i) is dismissed and his employer is not liable to pay him a severance payment by reason thereof; or

(ii) terminates his contract in the circumstances specified in section 10(aa); or

(b) terminates his contract and, at the relevant date, he is not less than 65 years of age and has been employed under that contract for not less than 10 years,

the employer shall, subject to this Part and Part VC, pay to the employee a long service payment calculated in accordance with section 31V.

31RA. (1) Where an employee dies and he had been at the time of his death employed under a continuous contract for not less than the number of years of service on the date of his death, specified in column 2 of the table in the Fifth Schedule, opposite his age at that date specified in column 1 of that table, the employer shall, subject to this Part and Part VC, pay a long service payment calculated in accordance with section 31V to-

(a) the spouse of the employee, if the employee leaves a

spouse; or

(b) the issue of the employee, if the employee leaves any

issue but no spouse; or

(c) a parent of the employee, if the employee leaves

neither a spouse nor issue; or

(d) the personal representative of the employee, if the employee does not leave any spouse, issue or parent. (2) A person referred to in paragraph (a), (b), (c) or (d) of subsection (1) shall not be entitled to such payment unless-

(a) that person serves an application in the form speci- fied by the Commissioner under section 49 on the relevant employer within the period of 30 days beginning on the day next following the date of death of the employee or within such extended period as the Commissioner may allow; and

(b) the applicant's relationship (being a relationship mentioned in paragraph (a), (b), (c) or (d) of subsec- tion (1)) to the deceased employee is supported by documentary evidence.