【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第10页 CAP 57 EMPLOYMENT ORDINANCE
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[接上页] Cap 57 s 15 Prohibition against termination of employment (1) Subject to subsections (1A) and (1B)- (a) after a pregnant employee has served notice of pregnancy on her employer, the employer shall not terminate her continuous contract of employment otherwise than in accordance with section 9 during the period from the date on which her pregnancy is confirmed by a medical certificate to the date on which she is due to return to work on the expiry of her maternity leave or the date of cessation of pregnancy (otherwise than by reason of confinement); (b) if a pregnant employee has served such notice on her employer immediately after being informed of the termination of her contract of employment where the termination was made otherwise than in accordance with section 9 by her employer, the employer shall immediately withdraw the termination or notice of termination in which event the termination or notice of termination shall be treated as if it had not taken place. (Replaced 7 of 2001 s. 5)(1A) Where in a contract of employment of a pregnant employee, whether in writing or oral, it has been expressly agreed that the employment is on probation, subsection (1) shall not prevent the termination by an employer of such contract for reasons other than pregnancy during the period of probation if the period does not exceed 12 weeks, or during the first 12 weeks of probation if the period of probation exceeds 12 weeks. (Replaced 73 of 1997 s. 7) (1B) An employer who terminates the continuous contract of employment of a pregnant employee shall be taken for the purposes of subsection (1)(a) or (b) to terminate the contract otherwise than in accordance with section 9- (a) unless the contrary is proved; or (b) subject to subsection (1C), unless the employer proves that- (i) he purported to terminate the contract in accordance with that section; and (ii) at the time of such termination, he reasonably believed that he had a ground to do so. (Added 7 of 2001 s. 5)(1C) Subsection (1B)(b) shall not apply in the case of civil proceedings. (Added 7 of 2001 s. 5) (2) An employer who contravenes subsection (1)(a) or (b) shall be liable to pay to the female employee- (Amended 7 of 2001 s. 5) (a) the sum which would have been payable if the contract had been terminated by the employer under section 7 provided that she has not received any such payment under that section; (Amended 73 of 1997 s. 7) (b) a further sum equivalent to the amount of wages which would have accrued to the employee during a period of 1 month; and (Amended 73 of 1997 s. 7) (c) where the employee is or would have been entitled to maternity leave pay, maternity leave pay for 10 weeks. (Added 22 of 1981 s. 5)(3) In the case of a female employee whose remuneration is calculated by the piece or task the amount of wages which would have accrued to the employee during the period of 1 month referred to in subsection (2)(b) shall be deemed to be- (Amended 73 of 1997 s. 7) (a) if the contravention of subsection (1) occurs before the commencement of maternity leave, the amount of wages earned by the employee during the equivalent period immediately prior to the breach of the contract; or (b) if the contravention of subsection (1) occurs after the commencement of maternity leave, or if for any reason it is impracticable to compute the amount under paragraph (a), the amount of wages earned during the equivalent period by a female employee in the same trade or occupation at the same work in the same district. (Amended 48 of 1984 s. 9)(4) Any employer who contravenes subsection (1)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine at level 6. (Replaced 7 of 2001 s. 5) Cap 57 s 15A Offences (1) Any employer who fails to- (a) grant maternity leave; (b) pay maternity leave pay in accordance with section 14; or (Amended 5 of 1995 s. 5) (c) pay sickness allowance under section 33(3C),shall be guilty of an offence and shall be liable on conviction to a fine at level 5. (Amended 24 of 1988 s. 2; 103 of 1995 s. 4) (2) Any employer who, without any reasonable excuse, fails to comply with- (a) the requirements under section 15AA(2); or (b) the determination made by the Commissioner under section 15AA(6),shall be guilty of an offence and shall be liable on conviction to a fine at level 5. (Replaced 73 of 1997 s. 9) (Added 22 of 1981 s. 6) Cap 57 s 15AA Prohibition of assignment of heavy, hazardous or harmful work (1) A pregnant employee may, on producing a medical certificate with an opinion as to her unfitness to handle heavy materials, or to work in places where gas injurious to pregnancy is generated, or to do other work injurious to pregnancy, request her employer to refrain from giving her such work during her pregnancy period. (2) On receipt of a request under subsection (1), the employer may not allocate to the employee the work specified in the medical certificate and, if the employee is already performing such work, the employer shall remove her from such work as soon as practicable but in any case not later than 14 days after the date of the receipt of the request under subsection (1) notwithstanding that- |
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