90
CAP. 57]
Column 1
Age in years of employee as at relevant date
Less than 41
41
42
43
44
Not less than 45
Employment
[1988 Ed.
FIFTH SCHEDULE
TABLE
Column 2
Number of years of service of employee as at relevant date
10 9
8
7
6 5
Saaro
(s. 3IR]
(Fifth Schedule added, 76 of 1985, s. 10)
SIXTH SCHEDULE
4190324
DEATH OF EMPLOYER OR EMPLOYEE—LONG SERVICE PAYMENTS
Schedule
DEATH OF EMPLOYER
[s. 31ZC]
Schedule
1.
This Part shall have effect in relation to an employee where his employer (in this Part referred to as "the deceased employer") dies.
2.
Section 31Z shall not apply to any change whereby the ownership of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer.
3. Where, by virtue of section 31ZB, the death of the deceased employer is to be treated for the purposes of Part VB of this Ordinance as a termination by him of the contract of employment, the employee shall nevertheless not be treated for these purposes as having been dismissed by the deceased employer if--
(a) his contract of employment is renewed by a personal representative of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative; and
(b) the renewal or re-engagement takes effect not later than 4 weeks after the death of the deceased employer.
4.
Where by virtue of paragraph 3 the employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after the death of the deceased employer, then-
(a) in determining, for the purposes of section 31R, whether he has been employed under a continuous contract for the requisite number of years of service, the interval between the death and the date on which the renewal or re-engagement takes effect shall count as a period of employment with the personal representative of the deceased employer, if apart from this paragraph it would not count for that purpose as such a period of employment; and
(b) in computing the number of years of service specified in section 31R, the continuity of the employee's period of employment shall be treated as not being broken by any week which falls within that interval.
5. For the purposes of the application, in accordance with section 31R(2), of Part VB of this Ordinance in relation to an employee who was employed as a domestic servant in, or in connection with, a private household, any reference to a personal representative in this Part of this Schedule shall be construed as including a reference to any person to whom, otherwise than in pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer.
6. Subject to this Part of this Schedule, in relation to an employer who has died-
90
CAP. 57]
Column 1
Age in years of employee as at relevant date
Less than 41
41
42
43
44
Not less than 45
Employment
[1988 Ed.
FIFTH SCHEDULE
TABLE
Column 2
Number of years of service of employee as at relevant date
10 9
8
7
6 5
Saaro
(s. 3IR]
(Fifth Schedule added, 76 of 1985, s. 10)
SIXTH SCHEDULE
4190324
DEATH OF EMPLOYER OR or EurTUTTE-LONG SERVICE PAYMENTS
Schedule
DEAZIL OF EMPLOYER
[s. 31ZC]
Schedule
1.
This Part shall have effect in relation to an employee where his employer (in this Part referred to as "the deceased employer") dies.
2.
Section 31Z shall not apply to any change whereby the ownership of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer.
3. Where, by virtue of section 31ZB, the death of the deceased employer is to be treated for the purposes of Part VB of this Ordinance as a termination by him of the contract of employment, the employee shall nevertheless not be treated for these purposes as having been dismissed by the deceased employer if--
(a) his contract of employment is renewed by a personal representative of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative; and
(b) the renewal or re-engagement takes effect not later than 4 weeks after the death of the
deceased employer.
4.
Where by virtue of paragraph 3 the employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after the death of the deceased employer, then-
316OX 3)RA (a) in determining, for the purposes of section 3), whether he has been employed under a continuous contract for the requisite number of years of service, the interval between the death and the date on which the renewal or re-engagement takes effect shall count as a period of employment with the personal representative of the deceased employer, if apart from this paragraph it would not count for that purpose as such a period of employment; and
31R or 31RA
(b) in computing the number of years of service specified in section HR), the continuity of the employee's period of employment shall be treated as not being broken by any week which falls within that interval.
BIRB
5. For the purposes of the application, in accordance with section R(2), of Part VB of this Ordinance in relation to an employee who was employed as a domestic servant in, or in connection with, a private household, any reference to a personal representative in this Part of this Schedule shall be construed as including a reference to any person to whom, otherwise than in pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer.
6. Subject to this Part of this Schedule, in relation to an employer who has died-
No comments yet.
Private notes are available after approval.