1964_EMPLOYMENT_ORDINANCE — Page 42

1988 Ed.]

Employment

[CAP. 57

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(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.

Excluded classes of employees

31U. Sections 31R and 31RA shall not apply- (Amended, 52 of 1988, s. 7)

(a) where the employer is the husband or wife of the employee;

(b) to any outworker;

(c) 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

(d) 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.

Amount of long service payment

31V. Subject to this Part, the amount of a long service payment to which an employee aged not less than 40 years at the relevant date 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; and

(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,

for every year (and pro rata as respects an incomplete year) of employment under a continuous contract by his 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.

(2) Subject to this Part, the amount of a long service payment to which an employee, other than an employee referred to in subsection (1), is entitled is-

(a) in the case of an employce aged at the relevant date 36 years or more but less than 40 years, 75% of the long service payment to which he would have been entitled if subsection (1) applied; and

(b) in the case of an employee aged at the relevant date less than 36 years, 50% of the long service payment to which he would have been entitled if subsection (1) applied.