1964_EMPLOYMENT_ORDINANCE — Page 19

18

CAP. 57]

Employment

[1988 Ed.

end of year payment is payable by the employer to that employee by virtue of a term or condition (whether written or oral, express or implied) of the contract of employment.

(2) In the case of an employee to whom this Part applies, any term or condition of the contract of employment which purports to prevent the payment under section 11F of a proportion of the end of year payment shall be void.

Payment period

11C. The payment period in respect of which an end of year payment is payable under this Part shall be-

(a) the payment period specified in that behalf in the contract of employ-

ment; or

(b) if a payment period is not so specified, a lunar year.

Amount of end of year payment

11D. An end of year payment payable to an employee to whom this Part applies who has been employed by the same employer for the whole of a payment period shall be---

(a) the end of year payment specified in that behalf in the contract of

employment; or

(b) if an end of year payment is not so specified, a sum equivalent to a full

month's wages of the employee.

Time of payment of end of year payment

11E. (1) An end of year payment payable to an employee to whom this Part applies in respect of a payment period shall become due to the employee-

(a) subject to subsection (2), on the day specified in that behalf in the

contract of employment; or

(b) if a day is not so specified, on the last day of the payment period,

and shall be paid as soon as is practicable but in any case not later than 7 days after that day but nothing in this section shall be construed as preventing the payment of the end of year payment at any time before that day.

(2) Where the contract of employment of an employee to whom this Part applies who has been employed for the whole of a payment period is terminated after the expiry of the payment period but before the end of year payment becomes due on the day specified in the contract, the end of year payment shall, notwithstanding that a day is so specified, become due to the employee-

(a) on the day on which the contract of employment terminates; or (b) in the case of an end of year payment that falls to be calculated by reference to any profits of the employer, on the day on which the profits of the employer are ascertained,