【法规名称】
【法规编号】 79955 什么是编号？
【正 文】
第4页 CAP 380 PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
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[接上页] (c) (Repealed 15 of 1993 s. 3) (d) in respect of wages- (i) for services rendered more than 4 months prior to an applicant's last day of service; or (ii) for which an application is made to the Fund more than 6 months after the applicant's last day of service; (Replaced 68 of 1996 s. 2)(e) in respect of wages in lieu of notice- (i) of an amount exceeding- (A) the equivalent of 1 month's wages of the applicant; or @(B) $22500, (Amended L.N. 63 of 1996) whichever is the lesser; or (Amended 15 of 1993 s. 3)(ii) subject to subsection (2A), which became due more than 6 months prior to the date of application; or (Replaced 38 of 1989 s. 4. Amended 68 of 1996 s. 2) (f) in respect of a severance payment- #(i) of an amount exceeding the aggregate of $50000 and half of that part of the applicant's entitlement to severance payment in excess of $50000; or (Replaced 45 of 1991 s. 3. Amended L.N. 332 of 1995; L.N. 63 of 1996; L.N. 34 of 1999) (ii) the liability for payment of which arose more than 6 months prior to the date of application. (Added 38 of 1989 s. 4. Amended 68 of 1996 s. 2)(2A) Subsection (2)(e)(ii) shall not apply to wages in lieu of notice arising out of a contract of employment terminated before the commencement of the Protection of Wages on Insolvency (Amendment) Ordinance 1989 (38 of 1989). (Added 38 of 1989 s. 4) (2B) (a) Where it appears to the Commissioner that- (i) an applicant's wages have been reduced during the period of 12 months immediately before he is dismissed or laid off; and (ii) before the wage reduction took effect, the employer of the applicant had given an undertaking to the applicant to the effect that if the applicant was dismissed or laid off after the wage reduction, the severance payment payable to him would be calculated in a manner more favourable to him than that provided for in section 31G of the Employment Ordinance (Cap 57), then, for the purposes of subsection (2)(f)(i), the applicant's entitlement to severance payment may, if it is more favourable to the applicant, be calculated- (A) subject to paragraph (c), in accordance with section 31G of the Employment Ordinance (Cap 57); or (B) in the manner specified in the undertaking, whichever results in a lesser amount. (b) If the calculation under paragraph (a)(A) and that under paragraph (a)(B) result in the same amount, the applicant's entitlement to severance payment for the purposes of subsection (2)(f)(i) shall be that amount. (c) For the purposes of paragraph (a)(A) and in relation to the applicant- (i) "his last full month's wages" in section 31G(1)(a) of the Employment Ordinance (Cap 57) shall be construed to mean his full month's wages immediately before the wage reduction took effect; (ii) "his last 30 normal working days" in section 31G(1)(b) of that Ordinance shall be construed to mean his 30 normal working days immediately before the wage reduction took effect; and (iii) "the relevant date" in section 31G(2) of that Ordinance shall be construed to mean the date when the wage reduction took effect.(d) If a wage reduction in respect of which an undertaking as described in paragraph (a)(ii) has been given has occurred in relation to an applicant more than once during the period of 12 months immediately before he is dismissed or laid off- (i) "the undertaking" in paragraph (a)(B) shall be construed to mean the undertaking which is the most favourable to the applicant among those given to him during that period; (ii) "the wage reduction" in paragraph (c)(i), (ii) and (iii) shall be construed to mean the wage reduction in respect of the applicant's highest wage level in that period. (Added 77 of 1999 s. 2)(3) The Legislative Council may by resolution amend the period specified in subsection (2)(e)(i)(A) or the amount specified in subsection (2)(b), (e)(i)(B) or (f)(i). (Added 48 of 1987 s. 4. Amended 15 of 1993 s. 3) (4) For the purposes of this section, "last day of service" (服务的最后一天) means the last day on which an applicant renders services to an employer who fails to pay him wages to which his application relates. (Added 68 of 1996 s. 2) (Amended 48 of 1987 s. 4; 38 of 1989 s. 4)_________________________________________________________________________________ Note: Subsection (2B) of this section was added by Ord. No. 77 of 1999. For transitional provisions, see s. 3 of that Ordinance. @ For transitional provisions, see paras. (b) and (c) of L.N. 63 of 1996. # For transitional provisions, see paras. (2) and (3) of L.N. 34 of 1999. Cap 380 s 17 Review by Board (1) Any applicant aggrieved by any decision of the Commissioner under section 16 may in writing- (a) request the Commissioner to give reasons for that decision; and (b) after being given reasons under paragraph (a), request the Commissioner to refer the application to the Board.(2) Upon receiving a request from an applicant under subsection (1)(b), the Commissioner shall forward all documents relating to the application to the Chairman of the Board. |
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