【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第7页 CAP 57 EMPLOYMENT ORDINANCE
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[接上页] (i) the day on which the end of year payment becomes due under section 11E(1) or (2); or (ii) the day on which the proportion of the end of year payment becomes due under section 11F(3) or (4);"lunar year" (农历年) means a Chinese lunar year ending immediately before a Lunar New Year's Day; "payment period" (酬金期) has the meaning assigned to it by section 11C; "proportion of the end of year payment" (部分年终酬金) means the proportion of the end of year payment calculated in accordance with section 11F. (Part IIA added 48 of 1984 s. 6) Cap 57 s 11AA Presumption (1) It shall be presumed that an annual payment or annual bonus is not of a gratuitous nature and is not payable only at the discretion of the employer unless there is a written term or condition in the contract of employment to the contrary. (2) For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply to any contract of employment made before the commencement of this section. (Added 74 of 1997 s. 7) Cap 57 s 11B Application of Part IIA (1) Subject to any agreement to the contrary and to subsection (2), this Part shall apply to an employee employed under a continuous contract if an end of year payment is payable by the employer to that employee by virtue of a term or condition (whether written or oral, express or implied) of the contract of employment. (2) In the case of an employee to whom this Part applies, any term or condition of the contract of employment which purports to prevent the payment under section 11F of a proportion of the end of year payment shall be void. Cap 57 s 11C Payment period The payment period in respect of which an end of year payment is payable under this Part shall be- (a) the payment period specified in that behalf in the contract of employment; or (b) if a payment period is not so specified, a lunar year. (Part IIA added 48 of 1984 s. 6) Cap 57 s 11D Amount of end of year payment An end of year payment payable to an employee to whom this Part applies who has been employed by the same employer for the whole of a payment period shall be- (a) the end of year payment specified in that behalf in the contract of employment; or (b) if an end of year payment is not so specified, a sum equivalent to a full month's wages of the employee. (Part IIA added 48 of 1984 s. 6) Cap 57 s 11E Time of payment of end of year payment (1) An end of year payment payable to an employee to whom this Part applies in respect of a payment period shall become due to the employee- (a) subject to subsection (2), on the day specified in that behalf in the contract of employment; or (b) if a day is not so specified, on the last day of the payment period,and shall be paid as soon as is practicable but in any case not later than 7 days after that day but nothing in this section shall be construed as preventing the payment of the end of year payment at any time before that day. (2) Where the contract of employment of an employee to whom this Part applies who has been employed for the whole of a payment period is terminated after the expiry of the payment period but before the end of year payment becomes due on the day specified in the contract, the end of year payment shall, notwithstanding that a day is so specified, become due to the employee- (a) on the day on which the contract of employment terminates; or (b) in the case of an end of year payment that falls to be calculated by reference to any profits of the employer, on the day on which the profits of the employer are ascertained,and shall be paid as soon as is practicable but in any case not later than 7 days after that day. (Part IIA added 48 of 1984 s. 6) Cap 57 s 11F Proportion of the end of year payment (1) Subject to subsections (1A) and (1B), where, in the case of an employee to whom this Part applies who has not been employed by the same employer for the whole of a payment period but has been so employed for a period of not less than 3 months in the payment period- (Amended 74 of 1997 s. 8; 7 of 2001 s. 4) (a) the contract of employment is terminated- (i) at any time during the payment period; or (ii) on the expiry of the payment period; or (Replaced 7 of 2001 s. 4)(b) the employee continues to be employed by the employer after the expiry of the payment period,the employee shall be paid a proportion, calculated in accordance with subsection (2), of the end of year payment that would have been payable under this Part if he had been employed by the same employer for the whole of the payment period. (1A) If it is a term or condition of a contract of employment that the employee is on probation, the period of such probation or a period of 3 months, whichever is the shorter, shall be excluded from the calculation of the 3 months' period under subsection (1). (Added 74 of 1997 s. 8) (1B) Subsection (1)(a) shall not apply where a contract of employment is terminated- (a) by the employee (except such a termination which is in accordance with section 10); or |
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