1964_EMPLOYMENT_ORDINANCE — Page 47

HK Historical Laws 香港歷史法例 All AI Reviewed

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CAP. 57]

Employment

[1988 Ed.

(a) in the case of a first conviction, to a fine of $5,000; or

(b) in the case of a second or subsequent conviction, to a fine of $10,000. (Amended, 24 of 1988, s. 2)

(Part VB added, 76 of 1985, s. 8)

PART VC

SUPPLEMENTARY PROVISIONS TO PARTS VA AND VB

Re-employment after retirement at a specified age

31ZF. (1) Subject to subsection (2), where a continuous contract of employment specifies an age of retirement and-

(a) the employee retires at that age; and

(b) the employee has been employed under that contract for not less than the number of years of service, ending at the relevant date, specified in column 2 of the table in the Fifth Schedule opposite his age at the relevant date specified in column 1 of that table; and

(c) he receives in relation to the years of service in respect of which long service payment would have been payable, had the employee been dismissed at the relevant date,-

41/9010

(i) by virtue of the terms of his contract of employment, any gratuity based upon length of service; or

(ii) by virtue of a provident fund scheme or arrangement, any payment thereunder; and retirement scheme

(d) the total sum he receives under paragraph (c) is not less than the long service payment to which he would have been entitled had he been dismissed at the relevant date; and

(e) immediately after his retirement, the employee is re-employed by the person by whom he was employed immediately before his retirement,

then for the purposes of Parts VA and VB of this Ordinance, the employment after retirement shall be regarded as a fresh employment.

(2) For the purposes of subsection (1), any reference therein to a provident fund payment shall not include that part, if any, of the payment which represents a return of an employee's own contributions, including any sum payable in respect of interest thereon.

(Part VC added, 52 of 1988, s. 14)

PART VI

DEDUCTIONS FROM WAGES

Restriction on deductions from wages

32. (1) No deductions shall be made by an employer from the wages of his employee or from any other sum due to the employee otherwise than in accordance with this Ordinance.

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46 CAP. 57] Employment [1988 Ed. (a) in the case of a first conviction, to a fine of $5,000; or (b) in the case of a second or subsequent conviction, to a fine of $10,000. (Amended, 24 of 1988, s. 2) (Part VB added, 76 of 1985, s. 8) PART VC SUPPLEMENTARY PROVISIONS TO PARTS VA AND VB Re-employment after retirement at a specified age 31ZF. (1) Subject to subsection (2), where a continuous contract of employment specifies an age of retirement and- (a) the employee retires at that age; and (b) the employee has been employed under that contract for not less than the number of years of service, ending at the relevant date, specified in column 2 of the table in the Fifth Schedule opposite his age at the relevant date specified in column 1 of that table; and (c) he receives in relation to the years of service in respect of which long service payment would have been payable, had the employee been dismissed at the relevant date,- 41/9010 (i) by virtue of the terms of his contract of employment, any gratuity based upon length of service; or (ii) by virtue of a provident fund scheme or arrangement, any payment thereunder; and retirement scheme (d) the total sum he receives under paragraph (c) is not less than the long service payment to which he would have been entitled had he been dismissed at the relevant date; and (e) immediately after his retirement, the employee is re-employed by the person by whom he was employed immediately before his retirement, then for the purposes of Parts VA and VB of this Ordinance, the employment after retirement shall be regarded as a fresh employment. (2) For the purposes of subsection (1), any reference therein to a provident fund payment shall not include that part, if any, of the payment which represents a return of an employee's own contributions, including any sum payable in respect of interest thereon. (Part VC added, 52 of 1988, s. 14) PART VI DEDUCTIONS FROM WAGES Restriction on deductions from wages 32. (1) No deductions shall be made by an employer from the wages of his employee or from any other sum due to the employee otherwise than in accordance with this Ordinance.

Baseline (Original)

46 CAP. 57] Employment [1988 Ed. (a) in the case of a first conviction, to a fine of $5,000; or (b) in the case of a second or subsequent conviction, to a fine of $10,000. (Amended, 24 of 1988, s. 2) (Part VB added, 76 of 1985, s. 8) PART VC SUPPLEMENTARY PROVISIONS TO PARTS VA AND VB Re-employment after retirement at a specified age 31ZF. (1) Subject to subsection (2), where a continuous contract of employment specifies an age of retirement and- (a) the employee retires at that age; and (b) the employee has been employed under that contract for not less than the number of years of service, ending at the relevant date, specified in column 2 of the table in the Fifth Schedule opposite his age at the relevant date specified in column 1 of that table; and (c) he receives in relation to the years of service in respect of which long service payment would have been payable, had the employee been dismissed at the relevant date,- 41/9010 (i) by virtue of the terms of his contract of employment, any gratuity based upon length of service; or (ii) by virtue of a provident fund scheme or arrangement, any payment thereunder; and retirement scheme (d) the total sum he receives under paragraph (c) is not less than the long service payment to which he would have been entitled had he been dismissed at the relevant date; and (e) immediately after his retirement, the employee is re-employed by the person by whom he was employed immediately before his retirement, then for the purposes of Parts VA and VB of this Ordinance, the employment after retirement shall be regarded as a fresh employment. (2) For the purposes of subsection (1), any reference therein to a pro vident fund payment shall not include that part, if any, of the payment which represents a return of an employee's own contributions, including any sum payable in respect of interest thereon. (Part VC added, 52 of 1988, s. 14) PART VI DEDUCTIONS FROM WAGES Restriction on deductions from wages 32. (1) No deductions shall be made by an employer from the wages of his employee or from any other sum due to the employee otherwise than in accordance with this Ordinance.

2026-05-04 16:21:32 · Baseline

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