【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第4页 CAP 57 EMPLOYMENT ORDINANCE
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[接上页] Cap 57 s 3 Meaning of continuous contract and onus of proof thereof (1) In this Ordinance, "continuous contract" (连续性合约) means a contract of employment under which an employee is deemed by virtue of the provisions of the First Schedule to be in continuous employment. (2) In any dispute as to whether a contract of employment is a continuous contract the onus of proving that it is not a continuous contract shall be on the employer. (Added 5 of 1970 s. 4. Amended 71 of 1970 s. 2) Cap 57 s 4 Application of Ordinance (1) Subject to subsection (2) and section 69, this Ordinance applies to every employee engaged under a contract of employment, to an employer of such employee and to a contract of employment between such employer and employee. (2) Subject to Part IVA, this Ordinance does not apply- (Amended 51 of 1974 s. 2) (a) (Repealed 41 of 1990 s. 3) (b) to a person who is a member of the family of the proprietor of the business in which he is employed and who dwells in the same dwelling as the proprietor; (c) to an employee as defined in the Contracts for Employment Outside Hong Kong Ordinance (Cap 78); (Amended 33 of 1992 s. 15) (d) to a person who is serving under a crew agreement within the meaning of the Merchant Shipping (Seafarers) Ordinance (Cap 478), or on board a ship which is not registered in Hong Kong. (Replaced 44 of 1995 s. 143) (e) (Repealed 8 of 1976 s. 49)(2A) This Ordinance shall not apply to contracts of apprenticeship registered under the Apprenticeship Ordinance (Cap 47) except to the extent provided in that Ordinance. (Added 8 of 1976 s. 49) (3) For the avoidance of doubt it is hereby declared that the provisions of section 5(3) shall not apply to any contract of employment made before 1 April 1965. Cap 57 s 4A Authorization of public officers The Commissioner may in writing authorize any public officer or class of public officer to exercise or perform any or all of the powers, functions or duties conferred or imposed on the Commissioner under this Ordinance. (Added 10 of 1980 s. 2) Cap 57 s 4B Chief Executive may give directions Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any powers, functions or duties under this Ordinance. (2) A public officer shall, in the exercise or performance of his powers, functions or duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1). (Added 10 of 1980 s. 2. Amended 56 of 2000 s. 3) Cap 57 s 5 Duration of contracts of employment PART II CONTRACTS OF EMPLOYMENT (1) Every contract of employment, which is a continuous contract, shall, in the absence of any express agreement to the contrary, be deemed to be a contract for 1 month renewable from month to month. (2) Notwithstanding that it is proved that a contract of employment is for a period in excess of 1 month such contract shall be deemed to be a contract for 1 month renewable from month to month unless the contract is evidenced in writing signed by each of the parties thereto. (3) Notwithstanding any other provision of this section, a contract of employment entered into by a manual worker for a period of 6 months or more or for a number of working days equivalent to 6 months or more shall be deemed to be a contract for 1 month renewable from month to month. (4) Where any contract of employment for a period in excess of 1 month is deemed by virtue of the provisions of subsection (2) or (3) to be a contract from month to month the wages per month shall be such proportion of the total wages agreed under the contract as 1 month bears to the agreed duration of the contract. Cap 57 s 6 Termination of contract by notice (1) Subject to subsections (2), (2A), (2B), (3) and (3A) and sections 15 and 33, either party to a contract of employment may at any time terminate the contract by giving to the other party notice, orally or in writing, of his intention to do so. (Amended 5 of 1970 s. 5; 57 of 1983 s. 2; 48 of 1984 s. 4; 55 of 1987 s. 2; 103 of 1995 s. 2; 7 of 2001 s. 2) (2) The length of notice required to terminate a contract of employment shall be- (a) in the case of a contract which is deemed by virtue of the provisions of section 5 to be a contract for 1 month renewable from month to month and which does not make provision for the length of notice required to terminate the contract, not less than 1 month; (Amended 44 of 1971 s. 2) (b) in the case of a contract which is deemed by virtue of the provisions of section 5 to be a contract for 1 month renewable from month to month and which makes provision for the length of notice required to terminate the contract, the agreed period, but not less than 7 days; (Added 44 of 1971 s. 2) (c) in every other case, the agreed period, but not less than 7 days in the case of a continuous contract.(2A) Without prejudice to section 41D, annual leave to which an employee is entitled under section 41AA shall not be included under subsection (2) in the length of notice required to terminate a contract of employment. (Added 48 of 1984 s. 4. Amended 53 of 1990 s. 5) |
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