CAP. 57
Employment
[1988 Ed.
addition to any compensation payable by the employer under the Employees' Compensation Ordinance (Cap.282).
(Added 52 of 1988, s. 6)
Application to domestic servants
31RB. This Part (except section 31Z) shall apply to an employee who is employed as a domestic servant in, or in connection with, a private household as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.
(Added 52 of 1988, s. 6)
General exclusions from right to long service payment by reason of dismissal
31S. (1) Except as provided by section 31X, an employee shall not be entitled to a long service payment by reason of dismissal where his employer, being so entitled by reason of the employee's conduct, terminates his contract of employment without notice or payment in lieu in accordance with section 9.
(2) An employee shall not be entitled to a long service payment by reason of dismissal where he leaves the service of his employer—
(a) before the expiration of notice given to him by the employer in accordance with section 6 without the prior consent of the employer;
or
(b) without having made a payment in lieu to the employer in accordance with section 7.
Dismissal by employer
31T. (1) For the purposes of and subject to this Part, an employee shall be taken to be dismissed by his employer if, but only if—
(a) the contract under which he is employed is terminated by the employer with or without notice or payment in lieu thereof other than in accordance with section 9;
(b) where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract; or
(c) the employee, being so entitled by reason of the employer's conduct, terminates that contract without notice or payment in lieu in accordance with section 10.
(2) An employee shall not be taken for the purposes of this Part to be dismissed by his employer if—
(a) his contract of employment is renewed, or he is re-engaged by the same employer under a new contract of employment; and
(b) the renewal or re-engagement takes effect immediately on the ending of his employment under the previous contract.
40
CAP. 57
Employment
[1988 Ed.
addition to any compensation payable by the employer under the Employees' Compensation Ordinance (Cap. 282).
(Added, 52 of 1988, s. 6)
Application to domestic servants
31RB. This Part (except section 31Z) shall apply to an employee who is employed as a domestic servant in, or in connection with, a private household as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.
(Added, 52 of 1988, s. 6)
General exclusions from right to long service payment by reason of dismissal
31S. (1) Except as provided by section 31X, an employee shall not be entitled to a long service payment by reason of dismissal where his employer, being so entitled by reason of the employee's conduct, terminates his contract of employment without notice or payment in lieu in accordance with section 9.
(2) An employee shall not be entitled to a long service payment by reason of dismissal where he leaves the service of his employer---
(a) before the expiration of notice given to him by the employer in accordance with section 6 without the prior consent of the employer;
or
(b) without having made a payment in lieu to the employer in accordance
with section 7.
Dismissal by employer
31T. (1) For the purposes of and subject to this Part, an employee shall be taken to be dismissed by his employer if, but only if
(a) the contract under which he is employed is terminated by the employer with or without notice or payment in lieu thereof other than in accordance with section 9;
(b) where under that contract he is employed for a fixed term, that term
expires without being renewed under the same contract; or
(c) the employee, being so entitled by reason of the employer's conduct, terminates that contract without notice or payment in lieu in accord- ance with section 10.
(2) An employee shall not be taken for the purposes of this Part to be dismissed by his employer if-
(a) his contract of employment is renewed, or he is re-engaged by the same
employer under a new contract of employment; and
(b) the renewal or re-engagement takes effect immediately on the ending
of his employment under the previous contract.
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