1964_EMPLOYMENT_ORDINANCE — Page 38

1988 Ed.]

Employment

(a) the payment has been agreed and paid;

[CAP. 57

37

(b) the employee has made a claim for payment by notice in writing given

to the employer; or

(c) a question as to the right of the employee to the payment, or as to the amount of the payment, has been made the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with Part IV of the Labour Tribunal Ordinance (Cap. 25).

Jef. U.K. 1965 c. 62, s. 21]

Making of severance payment

310. (1) Where an employee is entitled to a severance payment under this Part, his employer shall make the severance payment to him not later than 2 months from the receipt of a notice in accordance with paragraph (b) of section 31N unless either the employer or the employee has, before the expiration of that period, made the severance payment the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with para- graph (c) of section 31N.

(2) A severance payment shall be made in legal tender except that, where the employce so consents, payment may be made-

(a) by cheque, money order or postal order;

(b) into an account in his name with any bank licensed under the Banking

Ordinance (Cap. 155); or

(c) to his duly appointed agent.

(3) Any employer who without reasonable excuse fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $10,000. (Amended, 24 of 1988, s. 2)

Written particulars of severance payment

31P. (1) On making any severance payment, otherwise than in pursuance of a decision of the Labour Tribunal which specifies the amount of the payment to be made, the employer shall give to the employee a written statement indicating how the amount of the payment has been calculated.

(2) Any employer who-

(a) without reasonable excuse fails to comply with subsection (1); or

(b) in a statement under that subsection includes anything which to his knowledge is false in a material particular, or recklessly includes anything which is false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000. (Amended, 24 of 1988, s. 2)

(3) Without prejudice to any proceedings for an offence under subsection (2)(a), if an employer fails to comply with the requirements of subsection (1), the employee may by notice in writing to the employer require the employer to give