1988 Ed.]
Employment
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(2) An employee who is suspended from employment under subsection (1) may at any time during the period of his suspension, notwithstanding sections 6 and 7, terminate his contract of employment without notice or payment in lieu.
(3) Without prejudice to the provisions of subsection (1), an employer may lay-off an employee for such periods as are expressly agreed in, or may be implied from, the contract of employment:
Provided that the period of lay-off shall in no case exceed a total of 12 normal working days in any period of 4 consecutive weeks. (Replaced, 67 of 1974, s. 3)
PART IIA
END OF YEAR PAYMENT
Interpretation
11A. In this Part, unless the context otherwise requires----
"end of year payment" means any annual payment (whether described as "thirteenth month payment", "fourteenth month payment", "double pay", "end of year bonus" or otherwise) or annual bonus of a contractual nature, but does not include any annual bonus, or any proportion thereof, which is of a gratuitous nature or which is payable only at the discretion of the employer;
"full month's wages" means-
(a) in the case of an employee whose wages are computed by reference to a monthly rate, his monthly rate of pay; and
(b) in any other case, a sum equivalent to the average daily wage earned by the employee multiplied by 26, and for the purposes of this paragraph the average daily wage shall be the average of the daily wages earned by the employee on each day on which he worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on-
(i) the day on which the end of year payment becomes due under section 11E(1) or (2); or
(ii) the day on which the proportion of the end of year payment becomes due under section 11F(3) or (4);
"lunar year" means a Chinese lunar year ending immediately before a Lunar New Year's Day;
"payment period" has the meaning assigned to it by section 11C;
"proportion of the end of year payment" means the proportion of the end of year payment calculated in accordance with section 11F.
Application of Part IIA
11B. (1) Subject to any agreement to the contrary and to subsection (2), this Part shall apply to an employee employed under a continuous contract if an
1988 Ed.]
Employment
[CAP. 57
17
(2) An employee who is suspended from employment under subsection (1) may at any time during the period of his suspension, notwithstanding sections 6 and 7, terminate his contract of employment without notice or payment in lieu.
(3) Without prejudice to the provisions of subsection (1), an employer may lay-off an employee for such periods as are expressly agreed in, or may be implied from, the contract of employment:
Provided that the period of lay-off shall in no case exceed a total of 12 normal working days in any period of 4 consecutive weeks. (Replaced, 67 of 1974, s. 3)
PART IIA
END OF YEAR PAYMENT
Interpretation
11A. In this Part, unless the context otherwise requires----
"end of year payment" means any annual payment (whether described as "thirteenth month payment", "fourteenth month payment”, “double pay”, "end of year bonus" or otherwise) or annual bonus of a contractual nature, but does not include any annual bonus, or any proportion thereof, which is of a gratuitous nature or which is payable only at the discretion of the employer;
"full month's wages" means-
(a) in the case of an employee whose wages are computed by reference to a
monthly rate, his monthly rate of pay; and
(b) in any other case, a sum equivalent to the average daily wage earned by the employee multiplied by 26, and for the purposes of this paragraph the average daily wage shall be the average of the daily wages earned by the employee on each day on which he worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on-
(i) the day on which the end of year payment becomes due under section 11E(1) or (2); or
(ii) the day on which the proportion of the end of year payment becomes due under section 11F(3) or (4);
"lunar year" means a Chinese lunar year ending immediately before a Lunar
New Year's Day;
"payment period" has the meaning assigned to it by section 11C;
"proportion of the end of year payment” means the proportion of the end of
year payment calculated in accordance with section 11F.
Application of Part IIA
11B. (1) Subject to any agreement to the contrary and to subsection (2), this Part shall apply to an employee employed under a continuous contract if an
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