32
CAP. 57]
Employment
[1988 Ed.
(b) the renewal or re-engagement takes effect immediately on the ending
of his employment under the previous contract.
(3) For the purposes of the application of subsection (2) to a contract under which the employment ends on a rest day or holiday, the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or before the next day after that rest day or holiday.
[cf. U.K. 1965 c. 62, s. 3]
Lay-off
31E. (1) Where an employee is employed under a contract on such terms and conditions that his remuneration thereunder depends on his being provided by the employer with work of the kind he is employed to do, he shall for the purposes of section 31B(1) be taken to be laid off where the employer does not provide such work for him on at least a total of 12 normal working days in any period of 4 consecutive weeks and whereby he is not entitled to any remuneration under the contract for such period:
Provided that any period during which an employee is not provided with work because of a lock-out by his employer, or as a result of a rest day or holiday, shall not be taken into account in determining whether an employee has been laid off.
(2) The continuity of a contract of employment of an employee shall not be treated as broken by any lay-off as a result of which no severance payment has been made.
(3) For the purposes of this Part the "relevant date" in respect of the right of an employee to a severance payment arising by reason of lay-off means any day on which the period of 4 consecutive weeks referred to in subsection (1) has expired.
[cf. U.K. 1965 c. 62, s. 5(1)]
Excluded classes of employees
31F. Section 31B shall not apply--
(a) where the employer is the husband or wife of the employee;
(b) to any outworker;
(c) [Repealed, 76 of 1985, s. 6]
(d) to any person, employed by a government other than the Hong Kong Government, who is a subject or citizen of the state under whose government he is employed; or
(e) without prejudice to paragraph (a), to any person in respect of employment as a domestic servant in, or in connection with, a private household, where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of the employee.
[cf. U.K. 1965 c. 62, s. 16]
32
CAP. 57]
Employment
[1988 Ed.
(b) the renewal or re-engagement takes effect immediately on the ending
of his employment under the previous contract.
(3) For the purposes of the application of subsection (2) to a contract under which the employment ends on a rest day or holiday, the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or before the next day after that rest day or holiday.
[cf. U.K. 1965 c. 62, s. 3]
Lay-off
31E. (1) Where an employee is employed under a contract on such terms and conditions that his remuneration thereunder depends on his being provided by the employer with work of the kind he is employed to do, he shall for the purposes of section 31B(1) be taken to be laid off where the employer does-not- provide such work for him on at least a total of 12 normal working days in any period of 4 consecutive weeks and whereby he is not entitled to any remunera tion under the contract for such period:
Provided that any period during which an employee is not provided with work because of a lock-out by his employer, or as a result of a rest day or holiday, shall not be taken into account in determining whether an employee has been laid off.
2) The continuity of a contract of employment of an employee shall not be treated as broken by any lay-off as a result of which no severance payment has been made.
(3) For the purposes of this Part the "relevant date" in respect of the right of an employee to a severance payment arising by reason of lay-off means any day on which the period of 4 consecutive weeks referred to in subsection (1) has expired.
[cf. U.K. 1965 c. 62, s. 5(1)]
Excluded classes of employees
31F. Section 31B shall not apply--
(a) where the employer is the husband or wife of the employee;
(b) to any outworker;
(c) [Repealed, 76 of 1985, s. 6]
(d) to any person, employed by a government other than the Hong Kong Government, who is a subject or citizen of the state under whose government he is employed; or
(e) without prejudice to paragraph (a), to any person in respect of
employment as a domestic servant in, or in connection with, a private household, where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, grand- daughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of the employee.
[cf. U.K. 1965 c. 62, s. 16]
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