1964_EMPLOYMENT_ORDINANCE — Page 12

1988 Ed.]

Employment

[CAP. 57

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(f) any annual bonus, or any proportion thereof, which is of a gratuitous nature or which is payable only at the discretion of the employer;

Section

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and

"week", for the purposes of Parts VA and VB, means the period between midnight on Saturday night and midnight on the succeeding Saturday night; (Added, 76 of 1985, s. 2)

"young person" means--

(a) until the expiration of 31 August 1980, a person who has attained the age of 14 years but not the age of 18 years; and

(b) with effect from 1 September 1980, a person who has attained the age of 15 years but not the age of 18 years. (Replaced, 55 of 1979, s. 2)

(2) No account of overtime pay shall be taken in calculating the wages of an employee for the purpose of—

(a) any end of year payment under Part IIA;

(b) any maternity leave pay under Part III;

(c) any severance payment under Part VA;

(ca) any long service payment under Part VB; (Added, 76 of 1985, s. 2)

(d) any sickness allowance under Part VII;

(e) any holiday pay under Part VIII; or

(f) any annual leave pay under Part VIIIA.

(Added, 48 of 1984, s. 2)

(3) Where an employee who has been employed under a continuous contract-

(a) is dismissed; or

(b) is laid off within the meaning of section 31E,

and for any period of that contract he has not been paid his wages, or his full wages, but his employer has been liable to pay him--

(i) compensation under the Employees' Compensation Ordinance (Cap. 282);

(ii) in the case of a female employee, maternity leave pay; or

(iii) sickness allowance,

then the employee shall be deemed, for the purposes of Parts VA and VB and notwithstanding any other provision of this Ordinance, to have been paid, for that period, his full wages under, and at the frequency required by, that contract as if he had continued in the normal course in the employment to which that contract relates, and any calculation under section 31G or 31V shall be made accordingly. (Added, 76 of 1985, s. 2)

Meaning of continuous contract and onus of proof thereof

3. (1) In this Ordinance, "continuous contract" means a contract of employment under which an employee is deemed by virtue of the provisions of the First Schedule to be in continuous employment.