To provide for the protection of the wages of employees, to regulate general conditions of employment and employment agencies, and for matters connected therewith. (Amended 5 of 1970 s. 2) [27 September 1968] (Originally 38 of 1968) Cap 57 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Employment Ordinance. Cap 57 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 48 of 1984 s. 2) "alternative holiday" (另定假日) means a holiday granted or to be granted under section 39(2) and (2A); (Added 39 of 1973 s. 2. Amended 137 of 1997 s. 2) "annual leave" (年假) means the annual leave provided for in Part VIIIA; (Added 53 of 1977 s. 2) "annual leave pay" (年假薪酬) means the annual leave pay required by this Ordinance to be paid in respect of a period of annual leave and any sum required to be paid under section 41D; (Added 53 of 1977 s. 2) "business" (业务) includes a trade or profession and any like activity carried on by a person; (Added 76 of 1985 s. 2) "cease" (停止), in relation to Part VA, Part VB, the Third Schedule and the Sixth Schedule, means cease either permanently or temporarily and from whatsoever cause, and "diminish" (缩减) has a corresponding meaning; (Added 76 of 1985 s. 2) "child" (儿童) means a person under the age of 15 years; (Replaced 41 of 1990 s. 2) "Commissioner" (处长) means the Commissioner for Labour and includes a Deputy Commissioner for Labour and an Assistant Commissioner for Labour; (Amended L.N. 142 of 1974; 61 of 1993 s. 2) "confinement" (分娩) means the delivery of a child; (Added 5 of 1970 s. 3) "contract of employment" (雇佣合约) means any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another and that other agrees to serve his employer as an employee and also a contract of apprenticeship; "dangerous drug" (危险药物) has the meaning assigned to it in the Dangerous Drugs Ordinance (Cap 134); "Director" (署长) means the Director of Health; (Added 39 of 1973 s. 2. Amended L.N. 76 of 1989) "domestic servant" (家庭佣工) includes a garden servant, chauffeur and boat-boy and any other personal servant of a like class; (Added 76 of 1985 s. 2) "employee" (雇员) means an employee to whom, by virtue of section 4, this Ordinance applies; "employer" (雇主) means any person who has entered into a contract of employment to employ any other person as an employee and the duly authorized agent, manager or factor of such first mentioned person; "holiday" (假日) means- (a) a statutory holiday; (b) an alternative holiday; (c) a substituted holiday; or (d) a day on which an employee is required by section 39(4) to be granted a holiday; (Added 39 of 1973 s. 2. Amended 137 of 1997 s. 2)"holiday pay" (假日薪酬) means the holiday pay provided for by section 40; (Added 39 of 1973 s. 2) "issue" (后嗣) means a child whether under the age of majority or not of a deceased employee and- (a) includes a step-child; (b) includes a child adopted by the employee, but does not include a child of the employee adopted by another person; (c) does not include an illegitimate child; and (d) where polygamy lawfully subsists, does not include a child who is not an adopted child of the employee unless his mother was, at the time of his birth, the employee's principal wife- (i) in case the relevant marriage or, where appropriate, each such marriage constitutes a customary marriage for the purposes of the Marriage Reform Ordinance (Cap 178), according to Chinese law and custom; or (ii) in any other case, according to the law which, as regards the relevant marriage or marriages, was the proper personal law of the employee; (Added 52 of 1988 s. 2)"Labour Tribunal" (劳资裁处) means the Labour Tribunal established by section 3 of the Labour Tribunal Ordinance (Cap 25); (Added 76 of 1985 s. 2) "lock-out" (闭厂) has the meaning assigned to it by section 2 of the Trade Unions Ordinance (Cap 332); (Added 76 of 1985 s. 2) "long service payment" (长期服务金) means the long service payment payable by an employer to an employee under section 31R or to a person entitled to such payment under section 31RA; (Added 76 of 1985 s. 2. Amended 41 of 1990 s. 2) "mandatory provident fund scheme" (强制性公积金计划) means a provident fund scheme registered under the Mandatory Provident Fund Schemes Ordinance (Cap 485); (Added 4 of 1998 s. 5) "maternity leave" (产假) means absence from work, in accordance with the provisions of Part III, by a female employee because of her pregnancy or confinement; (Added 5 of 1970 s. 3) "maternity leave pay" (产假薪酬) means pay in respect of maternity leave payable to a female employee under section 14; (Added 22 of 1981 s. 2) "Minor Employment Claims Adjudication Board" (小额薪酬索偿仲裁处) means the Minor Employment Claims Adjudication Board established by section 3 of the Minor Employment Claims Adjudication Board Ordinance (Cap 453); (Added 61 of 1994 s. 49) "miscarriage" (流产) means the expulsion of the products of conception which are incapable of survival after being born before 28 weeks of pregnancy; (Added 22 of 1981 s. 2) "occupational retirement scheme" (职业退休计划) means a scheme or arrangement under which benefits, based on length of service, are payable in respect of employees on retirement, death, incapacity or termination of service, but does not include a mandatory provident fund scheme; (Added 4 of 1998 s. 5) "outworker" (外发工) means a person to whom articles or materials are, for payment or reward, given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the articles or materials; (Added 76 of 1985 s. 2) "paid sickness day" (有薪病假日) means a sickness day in respect of which an employee is entitled to be paid sickness allowance; (Added 39 of 1973 s. 2) "recognized scheme of medical treatment" (认可医疗计划) means a scheme of medical treatment operated by an employer and approved by the Director for the purposes of this Ordinance under section 34(1); (Added 39 of 1973 s. 2) "registered dentist" (注册牙医) has the same meaning as in section 2(1) of the Dentists Registration Ordinance (Cap 156); (Added 5 of 1995 s. 2) "registered medical practitioner" (注册医生) has the same meaning as in section 2 of the Medical Registration Ordinance (Cap 161); (Added 61 of 1993 s. 2) "relevant date" (有关日期), in relation to the termination of employment of an employee, means- (a) where the employee's contract of employment is terminated by notice in accordance with section 6, the date on which that notice expires; (b) where the employee's contract of employment is terminated by payment in lieu of notice in accordance with section 7, the date up to which such wages are calculated; (c) where the employee terminates his contract of employment without notice or payment in lieu in accordance with section 10, the date on which termination takes effect; (d) where the employee is employed under a contract for a fixed term and that term expires, the date on which that term expires; (e) where a continuous contract of employment specifies an age of retirement and the employee retires at that age, the date of retirement; (f) where the employee dies, the date of his death; and (g) where the employee's contract of employment is terminated other than in accordance with the provisions of this Ordinance, the date of termination; (Replaced 52 of 1988 s. 2)"relevant mandatory provident fund scheme benefit" (有关强制性公积金计划权益), in relation to an employee, means the accrued benefits of the employee held by the approved trustee of a mandatory provident fund scheme in respect of the employee, but does not include any part of the benefit that is attributable to the contributions paid to the scheme by the employee; (Added 4 of 1998 s. 5) "relevant occupational retirement scheme benefit" (有关职业退休计划利益), in relation to an employee, means a benefit payable under an occupational retirement scheme on the retirement, death, incapacity or termination of service of the employee, but does not include any part of the benefit that is attributable to the contributions paid to the scheme by the employee; (Added 4 of 1998 s. 5) "renewal" (续订) includes extension, and any reference to renewing a contract shall be construed accordingly; (Added 76 of 1985 s. 2) "rest day" (休息日) means a continuous period of not less than 24 hours during which an employee is entitled under Part IV to abstain from working for his employer; (Added 23 of 1970 s. 2. Amended 71 of 1976 s. 2) "severance payment" (遣散费) means the severance payment payable by an employer to an employee under section 31B(1); (Added 76 of 1985 s. 2) "sickness allowance" (疾病津贴) means the sickness allowance provided for by section 33; (Added 39 of 1973 s. 2) "sickness day" (病假日) means a day on which an employee is absent from his work by reason of his being unfit therefor on account of injury or sickness; (Added 39 of 1973 s. 2) "spouse" (配偶) means, in relation to a married employee, the person to whom the employee is lawfully married; (Added 52 of 1988 s. 2) "statutory holiday" (法定假日) means a holiday specified as a statutory holiday in section 39(1); (Added 39 of 1973 s. 2. Amended 71 of 1976 s. 2; 137 of 1997 s. 2) "strike" (罢工) has the meaning assigned to it by section 2 of the Trade Unions Ordinance (Cap 332); (Added 76 of 1985 s. 2) "substituted holiday" (代替假日) means a holiday granted or to be granted under section 39(3); (Added 39 of 1973 s. 2. Amended 137 of 1997 s. 2) "tips and service charges" (小费及服务费), in relation to wages, means sums of money received, directly or indirectly, by an employee in the course of and in connection with his employment which are- (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) 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) (2B) The period of maternity leave to which a female employee is entitled under section 12 shall not be included under subsection (2) in the length of notice required to terminate a contract of employment. (Added 55 of 1987 s. 2) (3) Where in any contract of employment, whether in writing or oral, it has been expressly agreed that the employment is on probation and the contract does not make provision for the length of notice required for its termination such contract may be terminated- (Amended 44 of 1971 s. 2) (a) by either party at any time during the first month of such employment without notice or payment in lieu; (b) by either party at any time after the first month of such employment by giving to the other party notice of not less than 7 days. (Amended 48 of 1984 s. 4)(3A) Where in any contract of employment, whether in writing or oral, it has been expressly agreed that the employment is on probation and the contract makes provision for the length of notice required for its termination such contract may be terminated- (a) notwithstanding the length of notice provided for in the contract, by either party at any time during the first month of such employment without notice or payment in lieu; (b) by either party at any time after the first month of such employment by giving to the other party notice of the agreed period, but not less than 7 days. (Added 48 of 1984 s. 4)(4) For the purposes of this section the expression "month" (月) means a period of time commencing on the day when notice of termination of a contract of employment is given or when employment begins, as the case may be, and ending at the end of the day before the corresponding date in the following month or, where there is no corresponding date in the following month or where the commencing day is the last day of a month, at the end of the last day of the following month. Cap 57 s 7 Termination of contract by payment in lieu of notice (1) Subject to sections 15 and 33, either party to a contract of employment may at any time terminate the contract without notice by agreeing to pay to the other party a sum equal to the amount of wages which would have accrued to the employee during the period of notice required by section 6. (Amended 44 of 1971 s. 3; 57 of 1983 s. 3; 103 of 1995 s. 2; 7 of 2001 s. 3) (2) Either party to a contract of employment, having given proper notice in accordance with section 6, may at any time thereafter terminate the contract by agreeing to pay to the other party such proportion of the sum referred to in subsection (1) as is proportionate to the period between the termination of the contract and the time when the notice given would have expired. (Amended 44 of 1971 s. 3) (3) In the case of an employee whose remuneration is calculated by the piece or task the amount of wages which would have accrued to such employee during the period of notice referred to in subsection (1) shall be deemed to be the amount of wages earned by the employee during the equivalent period immediately prior to the giving of the notice or, if for any reason it is impracticable to compute the amount in this manner, it may be calculated by reference to the amount earned during such equivalent period by a person in the same trade or occupation at the same work in the same district. (4) For the purposes of this section, and notwithstanding any other provision of this Ordinance, the term "wages" (工资)- (a) includes overtime pay of a constant character or the monthly average of which over a period of 12 months (or if not applicable, such shorter period of employment) immediately preceding the date on which the termination takes effect is equivalent to or exceeds 20% of his monthly average wages during the same period; (b) except as provided in paragraph (a), shall be deemed not to include overtime pay. (Replaced 74 of 1997 s. 4) Cap 57 s 8 Saving of rights Nothing in section 6 or 7 shall be taken- (a) to prevent either party to a contract of employment from waiving, at the time notice is required to be given for the purposes of section 6(2), (3) or (3A), his right to notice or to payment in lieu of notice; (Amended 48 of 1984 s. 5) (b) to affect the right of a party to a contract of employment to terminate the contract without notice or payment in lieu under section 9, 10 or 11(2). Cap 57 s 8A Damages for wrongful termination of contract (1) Without prejudice to section 9, 10 or 11(2), where a contract of employment is terminated otherwise than in accordance with section 6 or 7, a sum equal to the amount of wages which would have accrued to the employee during the period of notice required by section 6 shall be payable by the party terminating the contract to the other party. (2) Without prejudice to section 9, 10 or 11(2), where a party to a contract of employment, having given proper notice in accordance with section 6 thereafter terminates the contract before the expiry of the period of notice otherwise than in accordance with section 7, such proportion of the sum equal to the amount of wages which would have accrued to the employee during the period of notice as is proportionate to the period between the termination of the contract and the time when the notice given would have expired shall be payable by the party terminating the contract to the other party. (Added 14 of 1975 s. 2) Cap 57 s 9 Termination of contract without notice by employer (1) An employer may terminate a contract of employment without notice or payment in lieu- (Amended 51 of 2000 s. 2) (a) if an employee, in relation to his employment- (i) wilfully disobeys a lawful and reasonable order; (ii) misconducts himself, such conduct being inconsistent with the due and faithful discharge of his duties; (iii) is guilty of fraud or dishonesty; or (iv) is habitually neglectful in his duties; or(b) on any other ground on which he would be entitled to terminate the contract without notice at common law.(2) The fact that an employee takes part in a strike does not entitle his employer to terminate under subsection (1) the employee's contract of employment. (Added 51 of 2000 s. 2) Cap 57 s 10 Termination of contract without notice by employee An employee may terminate his contract of employment without notice or payment in lieu- (a) if he reasonably fears physical danger by violence or disease such as was not contemplated by his contract of employment expressly or by necessary implication;(aa) if- (i) he has been employed under the contract for not less than 5 years; and (Amended 41 of 1990 s. 4; 62 of 1992 s. 3) (ii) by a certificate in the form specified by the Commissioner under section 49 and issued by a registered medical practitioner, he is certified as being permanently unfit for a particular type of work specified in the certificate for a reason or reasons stated therein; and (Amended 68 of 1990 s. 24; 61 of 1993 s. 3) (iii) he is engaged in that type of work under the contract; (Added 52 of 1988 s. 4) (b) if he is subjected to ill-treatment by the employer; or (c) on any other ground on which he would be entitled to terminate the contract without notice at common law. Cap 57 s 10A Deemed termination of contract under section 7 (1) Without prejudice to the rights of an employee under common law, an employee may terminate his contract of employment without notice or payment in lieu of notice if any wages are not paid within one month from the day on which they become due to him under section 23. (2) Where a contract of employment is terminated under subsection (1), the contract shall be deemed to be terminated by the employer in accordance with section 7 and the employer shall be deemed to have agreed to pay to the employee the sum specified in section 7. (Added 74 of 1997 s. 5) Cap 57 s 11 Suspension from employment in certain cases (1) Notwithstanding any other provision of this Ordinance or of any other law, an employer may without notice or payment in lieu suspend from employment any employee for a period not exceeding 14 days- (a) as a disciplinary measure for any reason for which the employer could have terminated the contract of employment under section 9; (b) pending a decision by the employer as to whether or not he will exercise his right to terminate the contract of employment under section 9; or (c) pending the outcome of any criminal proceedings against the employee arising out of or connected with his employment: Provided that where such criminal proceedings are not concluded within the period of 14 days such suspension may be extended till the conclusion of the criminal proceedings.(2) An employee who is suspended from employment under subsection (1) may at any time during the period of his suspension, notwithstanding sections 6 and 7, terminate his contract of employment without notice or payment in lieu. (3) Without prejudice to the provisions of subsection (1), an employer may lay-off an employee for such periods as are expressly agreed in, or may be implied from, the contract of employment. (4) Notwithstanding subsection (3), the period of lay-off shall in no case exceed- (a) a total of half of the total number of normal working days in any period of 4 consecutive weeks; or (b) a total of one-third of the total number of normal working days in any period of 26 consecutive weeks. (Added 41 of 1990 s. 5) Cap 57 s 11A Interpretation PART IIA END OF YEAR PAYMENT In this Part, unless the context otherwise requires- "end of year payment" (年终酬金) means any annual payment (whether described as "thirteenth month payment", "fourteenth month payment", "double pay", "end of year bonus" or otherwise) or annual bonus of a contractual nature, but does not include any annual payment or any annual bonus, or any proportion thereof, which is of a gratuitous nature or which is payable only at the discretion of the employer; (Amended 74 of 1997 s. 6) "full month's wages" (全月工资) means- (a) in the case of an employee whose wages are computed by reference to a monthly rate, his monthly rate of pay; and (b) in any other case, a sum equivalent to the average daily wage earned by the employee multiplied by 26, and for the purposes of this paragraph the average daily wage shall be the average of the daily wages earned by the employee on each day on which he worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on- (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 (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) (8) A female employee who intends to take any period of maternity leave under subsection (2)(c) shall give notice to that effect to her employer and shall, if so required by her employer, produce a medical certificate certifying as to the illness or disability. (Amended 73 of 1997 s. 3) (9) (Repealed 73 of 1997 s. 3) (10) The continuity of employment of a female employee shall not be treated as broken by her taking maternity leave. (Added 22 of 1981 s. 3) (11) For the avoidance of doubt it is declared that maternity leave is, and shall be granted, in addition to annual leave to which a female employee is entitled under this Ordinance and that any rest day or holiday that falls due during maternity leave shall be counted as part of the maternity leave and shall not give rise to any entitlement to an additional or other rest day or holiday or to holiday pay in the case of a female employee who is paid maternity leave pay for that holiday; and where no maternity leave pay is paid to the female employee for that holiday she shall be paid holiday pay for that holiday. (Added 22 of 1981 s. 3. Amended 48 of 1984 s. 7) Cap 57 s 12A Interpretation PART III MATERNITY PROTECTION In this Part, unless the context otherwise requires- "pregnant employee" (怀孕雇员) means a female employee whose pregnancy has been confirmed by a medical certificate. (Added 73 of 1997 s. 2) Cap 57 s 12AA Commencement of maternity leave (1) With the agreement of her employer, a pregnant employee may decide on the date of commencement of her 10 weeks maternity leave, provided that such date is within a period of not less than 2 weeks before, and not more than 4 weeks before, the expected date of confinement. (2) If the employee does not exercise her option to decide on the date of commencement in subsection (1), or if she fails to secure her employer's agreement to her proposed leave schedule, the date of commencement of maternity leave shall be 4 weeks immediately before the expected date of confinement. (Added 73 of 1997 s. 4) Cap 57 s 13 Authority to issue medical certificates (1) A medical certificate for the purposes of section 12(4), (6), (7) or (7A) or 12AA shall be issued by- (a) a registered medical practitioner; or (b) notwithstanding section 16 of the Midwives Registration Ordinance (Cap 162), a midwife registered under section 8, or deemed to be registered under section 25, of that Ordinance.(2) A medical certificate for the purposes of section 12(8) or 15AA shall be issued by a registered medical practitioner. (Amended 73 of 1997 s. 5) Cap 57 s 14 Payment for maternity leave (1) A female employee shall not be entitled to wages in respect of the period of her maternity leave except as provided in this section or as provided in her contract of employment if such contract provides for paid maternity leave on terms better than in this section. (2) An employer shall pay a female employee maternity leave pay for the period of maternity leave taken by her and to which she is entitled under section 12(2)(a) if she- (Amended 73 of 1997 s. 6) (a) has been employed by that employer under a continuous contract for a period of not less than 40 weeks immediately before the date of her commencement of maternity leave as determined under section 12AA; (Amended 5 of 1995 s. 4; 73 of 1997 s. 6) (b) has given notice under section 12(4) or (5); (c) has complied with any requirement by her employer under section 12(6) or (7); and (d) (Repealed 73 of 1997 s. 6)(3) Maternity leave pay payable under this section shall be calculated- (a) in the case of a female employee whose wages are computed by reference to a monthly rate, at four-fifths of her monthly rate of pay; and (b) in any other case, at four-fifths of the average daily wage earned by the female employee, and for the purposes of this paragraph the average daily wage shall be the average of the daily wages earned by the female employee on each day on which she worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on the commencement of her maternity leave: (Amended 66 of 1995 s. 2) Provided that in a case to which this paragraph applies maternity leave pay shall not be payable in respect of a day on which the female employee would not have worked had she not been on maternity leave. (Replaced 48 of 1984 s. 8)(4) Maternity leave pay under this section shall be paid by an employer on the same day and in the same manner as he would have been required to pay wages to the female employee if she had not taken maternity leave and had continued in his employ. (5) A female employee who, without the prior permission of her employer, works for another employer during any period of maternity leave under section 12(2)(a) shall forfeit her entitlement to maternity leave pay during that period of maternity leave. (Amended 73 of 1997 s. 6) (6) (Repealed 73 of 1997 s. 6) (Replaced 22 of 1981 s. 4) 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- (a) the result of the medical examination referred to in subsection (3); or (b) the determination of the Commissioner in subsection (6),may be pending. (3) The employer may, at his own expense, arrange for the employee to attend another medical examination by a registered medical practitioner to obtain a second opinion as to her fitness to undertake the work at issue. (4) The employer shall give the employee at least 48 hours' notice of the examination under subsection (3) which is to be carried out within a period of 14 days after the date of the receipt of the employee's request made under subsection (1). (5) If the second medical opinion provides that the employee is fit to do the specified work referred to in subsection (1) or if the employee refuses to attend the medical examination as arranged by the employer under subsection (3), the employer may refer the employee's request made under subsection (1) to the Commissioner; the Commissioner shall take appropriate action, including seeking further medical advice, to assist him in bringing about a determination. (6) When the Commissioner receives the employer's reference under subsection (5), he may make a determination to- (a) uphold the employee's request; (b) rule that the employee's request is not supported; (c) make such other rulings as he considers reasonable.(7) The employer and the employee concerned in the reference shall comply with any determination made by the Commissioner. (8) Any change in the earnings of the employee as a result of her transfer from heavy, hazardous or harmful work in accordance with this section, shall not affect the basis for calculating payment for termination of employment under section 15(2) or payment for maternity leave under this Part, and any such payment shall be calculated on the basis of the wages earned by the employee immediately before the transfer from heavy, hazardous or harmful work in accordance with this section; section 14(3) shall be construed accordingly. (Added 73 of 1997 s. 8) Cap 57 s 15B Records Every employer who employs females shall maintain, in a form specified by the Commissioner, a record of maternity leave taken by and maternity leave pay paid to his female employees. (Added 22 of 1981 s. 6) Cap 57 s 15C Restriction on pay in lieu of maternity leave Save as provided in section 15(2), no payment of maternity leave pay or other sum may be made in lieu of the grant of maternity leave. (Added 22 of 1981 s. 6) (Part III added 5 of 1970 s. 7) Cap 57 s 16 (Repealed 10 of 1980 s. 3) PART IV REST DAYS (Repealed 10 of 1980 s. 3) Cap 57 s 17 Grant of rest days (1) Subject to the provisions of this Part, every employee who has been employed by the same employer under a continuous contract shall be granted not less than 1 rest day in every period of 7 days. (Amended 71 of 1976 s. 3) (2) Rest days shall be in addition to any statutory holiday, or alternative holiday or substituted holiday, to which an employee is entitled under section 39. (Replaced 39 of 1973 s. 3) Cap 57 s 18 Appointment of rest days (1) Rest days shall be appointed by an employer and he may appoint different rest days for different employees. (Amended 71 of 1976 s. 4) (2) Subject to subsection (4), every employer shall, before the commencement of every month, inform each employee orally or in writing of his rest days in that month. (3) The provisions of subsection (2) shall be deemed to be complied with if an employer exhibits in a conspicuous place in the place of employment and for so long as it applies a roster showing the days appointed to be rest days for each employee during the month. (4) Subsection (2) shall not apply where rest days are appointed on fixed days in each period of 7 days on a regular basis. (Amended 71 of 1976 s. 4) (5) An employer may, with the consent of his employee, substitute for any rest day appointed under this section some other rest day- (a) within the same month and before the rest day so appointed; or (b) within the period of 30 days next following the rest day so appointed. Cap 57 s 19 Compulsory work on rest days (1) Subject to subsection (2), no employer shall require an employee to work on any of his rest days. (2) An employer may require an employee to work on his rest day if it is necessary to do so by reason of a breakdown of machinery or plant or other unforeseen emergency of any nature. (3) An employer shall substitute for any rest day on which an employee is required to work under subsection (2) some other rest day within the period of 30 days next following, notice of which shall be given to the employee within 48 hours after the employee is so required to work. Cap 57 s 20 Voluntary work on rest days (1) An employee may, at his own request and if the employer agrees, work for his employer on a rest day. (2) An employee may, at the request of his employer, work for his employer on a rest day. Cap 57 s 21 Void conditions Any condition in a contract of employment which makes the payment of any annual bonus, or any end of year payment or any proportion thereof, subject to working on rest days granted under this Part shall be void. (Amended 48 of 1984 s. 10) (Part IV added 23 of 1970 s. 3) Cap 57 s 21A Application of Part IVA PART IVA PROTECTION AGAINST ANTI-UNION DISCRIMINATION Section 21C shall apply to every person to whom an offer of employment is made or is about to be made or who otherwise is a prospective employee. (Replaced 41 of 1990 s. 7) Cap 57 s 21B Rights of employees in respect of trade union membership and activities (1) Every employee shall as between himself and his employer have the following rights- (a) the right to be or to become a member or an officer of a trade union registered under the Trade Unions Ordinance (Cap 332); (b) where he is a member or an officer of any such trade union, the right, at any appropriate time, to take part in the activities of the trade union; (c) the right to associate with other persons for the purpose of forming or applying for the registration of a trade union in accordance with the provisions of the Trade Unions Ordinance (Cap 332); (Amended 101 of 1997 s. 26) *(d) (Repealed 135 of 1997 s. 14)(2) Any employer, or any person acting on behalf of an employer, who- (a) prevents or deters, or does any act calculated to prevent or deter, an employee from exercising any of the rights conferred on him by subsection (1); or (b) terminates the contract of employment of, penalizes, or otherwise discriminates against, an employee by reason of his exercising any such right,shall be guilty of an offence and shall be liable on conviction to a fine at level 6. (Amended 24 of 1988 s. 2; 103 of 1995 s. 5) (3) In this section- "appropriate time" (适当时间) means, in relation to an employee taking part in any activities of a trade union, time which either- (a) is outside his working hours; or (b) is a time within his working hours at which, in accordance with arrangements agreed with or consent given by or on behalf of his employer, it is permissible for him to take part in those activities;"working hours" (工作时间) means, in relation to an employee, any time when, in accordance with his contract with his employer, he is required to be at work. [cf. 1971 c. 72 s. 5(1), (2) & (5) U.K.]_____________________________________________________________________________ Note: * This paragraph was added by 101 of 1997. As to the suspension of operation of 101 of 1997, please see s. 4(1) and (2) of Cap 538. On 31 October 1997, that s. 4(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect. Please see s. 14(2) of 135 of 1997. Cap 57 s 21C Offer of employment conditional on offeree not being member of trade union Any person who, acting on his own or another's behalf, in the engagement of persons for employment includes in an offer of employment to any person a condition or requirement that the person to whom the offer is made shall undertake- (a) if he is a member or officer of such a trade union, that he will relinquish his membership thereof or office therein; (b) not to become a member of, or officer in, such a trade union; or (c) not to associate with other persons for the purpose of forming or applying for the registration of a trade union in accordance with the provisions of the Trade Unions Ordinance (Cap 332),shall be guilty of an offence and shall be liable on conviction to a fine at level 6. (Amended 24 of 1988 s. 2; 103 of 1995 s. 6) Cap 57 s 21D *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21E *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21F *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21G *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21H *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21I *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21J *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. (Part IVA added 51 of 1974 s. 3) Cap 57 s 22 Wage period PART V PAYMENT OF WAGES The wage period in respect of which wages are payable under a contract of employment shall, until the contrary is proved, be deemed to be 1 month. Cap 57 s 23 Time of payment of wages Wages shall become due on the expiry of the last day of the wage period and shall be paid as soon as is practicable but in any case not later than 7 days thereafter. Cap 57 s 24 Payment on completion Wages of an employee on completion of his contract of employment and any other sum payable in respect of his contract shall be due to him on the day of the completion of the contract and shall be paid as soon as is practicable but in any case not later than 7 days thereafter. Cap 57 s 25 Payment on termination (1) Subject to section 31O, where a contract of employment is terminated any sum due to the employee shall be paid to him as soon as is practicable and in any case not later than 7 days after the day of termination. (Amended 44 of 1971 s. 4; 67 of 1974 s. 4) (2) The sum referred to in subsection (1) shall be- (a) the equivalent of the amount earned by the employee for work done over the period commencing on the expiry of his wage period next preceding the time of termination up to that time; (b) the sum (if any) payable under sections 7, 15(2) and 33(4BA); (Amended 57 of 1983 s. 4; 76 of 1985 s. 3; 103 of 1995 s. 7; 7 of 2001 s. 6) (ba) any long service payment due to the employee; and (Added 76 of 1985 s. 3
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