CAP. 57
Employment
[1988 Ed.
(2) In any dispute as to whether a contract of employment is a continuous contract the onus of proving that it is not a continuous contract shall be on the employer.
(Added, 5 of 1970, s. 4. Amended, 71 of 1970, s. 2)
Application of Ordinance
4. (1) Subject to subsection (2) and section 69, this Ordinance applies to every employee engaged under a contract of employment, to an employer of such employee and to a contract of employment between such employer and employee.
(2) Subject to Part IVA, this Ordinance does not apply (Amended, 51 of 1974, s. 2)
41/9053
(a) subject to sections 31G(2) and 31V(3), to a person employed otherwise than by way of manual labour whose wages exceed $11,500 per month; (Amended, 19 of 1974, s. 2; 67 of 1974, s. 2; 26 of 1979, s. 2; 6 of 1981, s. 2; L.N. 174/82; L.N. 325/83; L.N. 419/84; L.N. 121/86; L.N. 138/87 and 52 of 1988, s. 3)
(b) to a person who is a member of the family of the proprietor of the business in which he is employed and who dwells in the same dwelling as the proprietor;
(c) to a worker as defined in the Contracts for Employment Outside Hong Kong Ordinance (Cap. 78);
(d) to a person who is serving under an agreement entered into pursuant to section 10(1) of the Merchant Shipping Ordinance (Cap. 281), or on board a ship registered in a country which is represented by a consular officer resident in Hong Kong; (Amended, 48 of 1984, s. 3)
(e) [Deleted, 8 of 1976, s. 49]
(2A) This Ordinance shall not apply to contracts of apprenticeship registered under the Apprenticeship Ordinance (Cap. 47) except to the extent provided in that Ordinance. (Added, 8 of 1976, s. 49)
(3) For the avoidance of doubt it is hereby declared that the provisions of section 5(3) shall not apply to any contract of employment made before 1 April 1965.
Authorization of public officers
4A. The Commissioner may in writing authorize any public officer or class of public officer to exercise or perform any or all of the powers, functions or duties conferred or imposed on the Commissioner under this Ordinance.
(Added, 10 of 1980, s. 2)
Governor may give directions
4B. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any powers, functions or duties under this Ordinance.
12
CAP. 57
Employment
[1988 Ed.
(2) In any dispute as to whether a contract of employment is a continuous contract the onus of proving that it is not a continuous contract shall be on the employer.
(Added, 5 of 1970, s. 4. Amended, 71 of 1970, s. 2)
Application of Ordinance
4. (1) Subject to subsection (2) and section 69, this Ordinance applies to every employee engaged under a contract of employment, to an employer of such employee and to a contract of employment between such employer and employee.
(2) Subject to Part IVA, this Ordinance does not apply (Amended, 51 of 1974, s. 2)
41/9053
(a) subject to sections 31G(2) and 31V(3), to a person employed otherwise than by way of manual labour (whose wages exceed $11,500 per month; (Amended, 19 of 1974, s. 2; 67 of 1974, s. 2; 26 of 1979, s. 2; 6 of 1981, s. 2; L.N. 174/82; L.N. 325/83; L.N. 419/84; L.N. 121/86; L.N. 138/87 and 52 of 1988, s. 3)
(b) to a person who is a member of the family of the proprietor of the business in which he is employed and who dwells in the same dwelling as the proprietor;
(c) to a worker as defined in the Contracts for Employment Outside Hong
Kong Ordinance (Cap. 78);
(d) to a person who is serving under an agreement entered into pursuant to section 10(1) of the Merchant Shipping Ordinance (Cap. 281), or on board a ship registered in a country which is represented by a consular officer resident in Hong Kong; (Amended, 48 of 1984, s. 3)
(e) [Deleted, 8 of 1976, s. 49]
(2A) This Ordinance shall not apply to contracts of apprenticeship registered under the Apprenticeship Ordinance (Cap. 47) except to the extent provided in that Ordinance. (Added, 8 of 1976, s. 49)
(3) For the avoidance of doubt it is hereby declared that the provisions of section 5(3) shall not apply to any contract of employment made before 1 April 1965.
Authorization of public officers
4A. The Commissioner may in writing authorize any public officer or class of public officer to exercise or perform any or all of the powers, functions or duties conferred or imposed on the Commissioner under this Ordinance.
( Added, 10 of 1980, s. 2)
Governor may give directions
4B. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any powers, functions or duties under this Ordinance.
No comments yet.
Private notes are available after approval.