【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第3页 CAP 57 EMPLOYMENT ORDINANCE
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[接上页] (a) paid or derived from payments made by persons other than the employer; and (b) recognized by the employer as part of the employee's wages; (Added 48 of 1984 s. 2)"wage period" (工资期) means the period in respect of which wages are payable under a contract of employment or under section 22; "wages" (工资) subject to subsections (2) and (3), means all remuneration, earnings, allowances including travelling allowances and attendance allowances, attendance bonus, commission, overtime pay, tips and service charges, however designated or calculated, capable of being expressed in terms of money, payable to an employee in respect of work done or to be done under his contract of employment, but does not include- (Amended 48 of 1984 s. 2; 76 of 1985 s. 2; 74 of 1997 s. 3) (a) the value of any accommodation, education, food, fuel, light, medical care or water provided by the employer; (b) any contribution paid by the employer on his own account to any retirement scheme; (Amended 41 of 1990 s. 2) (c) any commission which is of a gratuitous nature or which is payable only at the discretion of the employer; (Replaced 74 of 1997 s. 3) (ca) any attendance allowance or attendance bonus which is of a gratuitous nature or which is payable only at the discretion of the employer; (Added 74 of 1997 s. 3) (cb) any travelling allowance which is of a non-recurrent nature; (Added 74 of 1997 s. 3) (cc) any travelling allowance payable to the employee to defray actual expenses incurred by him by the nature of his employment; (Added 74 of 1997 s. 3) (cd) the value of any travelling concession; (Added 74 of 1997 s. 3) (d) any sum payable to the employee to defray special expenses incurred by him by the nature of his employment; (da) any end of year payment, or any proportion thereof, which is payable under Part IIA; (Added 48 of 1984 s. 2) (e) any gratuity payable on completion or termination of a contract of employment; or (f) any annual bonus, or any proportion thereof, which is of a gratuitous nature or which is payable only at the discretion of the employer;"week" (星期), for the purposes of section 11 and Parts VA and VB, means the period between midnight on Saturday night and midnight on the succeeding Saturday night; (Added 76 of 1985 s. 2. Amended 41 of 1990 s. 2) "young person" (青年) means a person who has attained the age of 15 years but not the age of 18 years. (Replaced 41 of 1990 s. 2) (Amended 4 of 1998 s. 5)(2) No account of overtime pay shall be taken in calculating the wages of an employee for the purpose of- (a) any end of year payment under Part IIA; (b) any maternity leave pay under Part III; (c) any severance payment under Part VA; (ca) any long service payment under Part VB; (Added 76 of 1985 s. 2) (d) any sickness allowance under Part VII; (e) any holiday pay under Part VIII; or (f) any annual leave pay under Part VIIIA,unless the overtime pay is of a constant character or the monthly average of the overtime pay over a period of 12 months (or if not applicable, such shorter period of employment) immediately preceding the respective dates specified in subsections (2A) and (2B) is equivalent to or exceeds 20% of his average monthly wages during the same period. (Added 48 of 1984 s. 2. Amended 74 of 1997 s. 3) (2A) In the calculation of the monthly average of the overtime pay under subsection (2), the date specified for the purpose of that subsection is- (a) in relation to any end of year payment under Part IIA, the expiry date of the payment period; (b) in relation to any maternity leave pay under Part III, the commencement date of maternity leave; (c) in relation to any severance payment under Part VA and any long service payment under Part VB- (i) subject to subparagraph (ii), the relevant date; (ii) where the employee's contract of employment is terminated by payment in lieu of notice in accordance with section 7, the date on which the termination takes effect;(d) in relation to any sickness allowance under Part VII, the first sickness day; (e) in relation to any holiday pay under Part VIII, the first day of the holiday; and (f) in relation to any annual leave pay under Part VIIIA, the first day of the annual leave. (Added 74 of 1997 s. 3)(2B) Notwithstanding anything contained in subsection (2A), the date specified for the purpose of subsection (2) in relation to any termination of employment is- (a) subject to paragraph (b), the relevant date; (b) where the employee's contract of employment is terminated by payment in lieu of notice in accordance with section 7, the date on which the termination takes effect. (Added 74 of 1997 s. 3)(3) Where an employee who has been employed under a continuous contract- (a) is dismissed; or (b) is laid off within the meaning of section 31E; or (c) terminates his contract of employment in circumstances specified in section 10(aa) or 31R(1)(b); or (d) dies in circumstances specified in section 31RA(1),and for any period of that contract he had not been paid his wages, or his full wages, by reason of any leave taken by him in accordance with the provisions of this Ordinance or the Employees' Compensation Ordinance (Cap 282) or with the agreement of his employer, or by reason of his not being provided by his employer with work on any normal working day, then the employee shall be deemed, for the purposes of Parts VA and VB and notwithstanding any other provision of this Ordinance, to have been paid, for that period, his full wages under, and at the frequency required by, that contract as if he had continued in the normal course in the employment to which that contract relates, and any calculation under section 31G or 31V shall be made accordingly. (Replaced 62 of 1992 s. 2) |
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