【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第8页 CAP 57 EMPLOYMENT ORDINANCE
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[接上页] (b) in accordance with section 9. (Added 7 of 2001 s. 4)(2) The proportion of the end of year payment payable under subsection (1) shall be- (a) the proportion specified in that behalf in the contract of employment; or (b) if a proportion is not so specified, the sum which bears the same proportion to a full month's wages of the employee as his period of service under the contract of employment in the payment period bears to that payment period.(3) The proportion of the end of year payment payable under subsection (1) shall become due to the employee- (a) under paragraph (a) of that subsection- (i) on the day on which the contract of employment terminates; or (ii) in the case of a proportion 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; or(b) under paragraph (b) of that subsection- (i) subject to subsection (4), on the day specified in the contract of employment as the day on which the end of year payment becomes due; or (ii) 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 subsection shall be construed as preventing the payment of the proportion of the end of year payment at any time before that day. (4) Where the contract of employment of an employee to whom subsection (1)(b) applies 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 proportion of the end of year payment payable under subsection (1) 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 a proportion 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 12 Maternity leave (1) A female employee employed under a continuous contract immediately before taking any leave under this Part shall be entitled to maternity leave under this Part. (Replaced 73 of 1997 s. 3) (2) Maternity leave shall be the aggregate of- (a) a continuous period of 10 weeks from and inclusive of- (i) the date of commencement of maternity leave as determined under section 12AA; or (ii) the actual date of confinement, if confinement occurs before the date of commencement mentioned in subparagraph (i);(b) a further period equal to the number of days, if any, beginning on the day after the expected date of confinement up to and including the actual date of confinement; such further period of leave is to be taken immediately following the period of leave under paragraph (a); and (c) a further period, not exceeding 4 weeks, on grounds of illness or disability arising out of the pregnancy or confinement. (Replaced 73 of 1997 s. 3)(3) The period of maternity leave under subsection (2)(c) may be taken- (a) wholly or in part immediately before the period mentioned in subsection (2)(a); (b) wholly or in part immediately after the period mentioned in subsection (2)(a) or (b), as the case may be. (Replaced 73 of 1997 s. 3)(4) Before taking leave, a female employee who intends to take any period of maternity leave under subsection (2) shall give notice of her pregnancy and of her intention to take maternity leave to her employer after her pregnancy has been confirmed by a medical certificate; the presentation of a medical certificate to the employer by the female employee confirming her pregnancy shall be a notice for the purpose of this subsection. (Replaced 73 of 1997 s. 3) (4A) A female employee who has given notice under subsection (4) shall, if her pregnancy ceases otherwise than by reason of confinement, give notice of such cessation of pregnancy to her employer as soon as is reasonably practicable. (Added 55 of 1987 s. 3) (5) If her confinement takes place- (a) before notice under subsection (4) is given; or (b) after notice under subsection (4) is given but before the commencement of the period of maternity leave under subsection (2)(a)(i),the female employee shall, within 7 days of her confinement, give notice to her employer of the date of confinement and of her intention to take any period of maternity leave under subsection (2)(a). (Replaced 73 of 1997 s. 3) (6) A female employee who gives notice under subsection (4) shall, if so required by her employer, produce a medical certificate specifying the expected date of confinement. (Replaced 73 of 1997 s. 3) (7) A female employee who gives notice under subsection (5) shall, if so required by her employer, produce a medical certificate specifying the date of confinement. (Replaced 73 of 1997 s. 3) (7A) A female employee who may take any period of maternity leave under subsection (2)(b) shall, if so required by her employer, produce a medical certificate specifying the date of confinement. (Added 73 of 1997 s. 3) |
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