1964_EMPLOYMENT_ORDINANCE — Page 34

1988 Ed.]

Employment

[CAP. 57

33333

Amount of severance payment

31G. (1) Subject to the provisions of this Part, the amount of a severance payment to which an employee is entitled in any case shall be calculated by allowing---

(a) in the case of a monthly rated employee, two-thirds of his last full month's wages; (Replaced, 39 of 1977, s. 2)

(b) in any other case, 18 days' wages based on any 18 days chosen by the employee and occurring during his last 30 normal working days, (Replaced, 39 of 1977, s. 2)

for every year (and pro rata as respects an incomplete year) of employment under a continuous contract by that employer subject in all cases to a maximum payment not exceeding the total amount of wages earned during the period of 12 months immediately preceding the relevant date:

Provided that the employee may elect to have his wages averaged over the period of 12 months immediately preceding the relevant date. (Amended, 19 of 1984, s. 2)

(2) Where an employee, who is employed otherwise than by way of manual labour, is dismissed by reason of redundancy or is laid off and at the time of such dismissal or lay-off earned wages exceeding $11,500 per month but within a year prior thereto earned wages for any period not exceeding $11,500 per month, he shall be entitled to a severance payment in respect of the whole of the period of employment during which his wages did not exceed $11,500 per month. (Amended, 29 of 1979, s. 3; 6 of 1981, s. 3; L.N. 174/82; L.N. 325/83; L.N. 419/84; L.N. 121/86 and L.N. 138/87)

(3) For the purposes of this section, the period of employment under a continuous contract shall not include any such employment occurring more than 8 years prior to the day* appointed by the Governor pursuant to section 31B(1). (Amended, 39 of 1977, s. 2)

(4) [Repealed, 48 of 1984, s. 13]

Special provision as to termination of contract in case of strike

31H. Where an employee, who has been given notice by his employer to terminate his contract of employment, takes part in a strike before the expiry of that notice in such circumstances that the employer is entitled by reason of his taking part in the strike to treat the contract as terminable without notice, and the employer for that reason terminates the contract as mentioned in section 31C(1), that subsection shall not apply to that termination of the contract.

[cf. U.K. 1965 c. 62, s. 10]

redundancy S

Set-off of gratuity or provident fund payment against severance payment

31I. (1) Subject to subsection (2), where an employee is entitled-

*23.8.1974 --- L.N. 183/74.

ccurs

1990 s. 9)