Hong Kong Ordinances

EMPLOYEES RETRAINING ORDINANCE - SECT 21

Application by trainee for payment of retraining allowance

(1) Subject to subsection (2), a trainee who considers that he is eligible to
receive a retraining allowance under section 20(1) may apply to the Board in
accordance with section 22 for payment from the Fund of such an allowance in
respect of his attendance or intended attendance at a retraining course or
supplementary retraining programme provided or conducted by a training body or
training provider.

(2) An application by the trainee under subsection (1) shall be submitted by
the training body or training provider to the Board.

(3) Subject to section 22(3), the Board shall determine the application in
accordance with section 23 and may approve the payment of a
retraining allowance to the training body or training provider for
distribution to the trainee under subsection (5).

(4) The maximum amount of the retraining allowance payable monthly in respect
of the trainee under subsection (3) shall be the sum specified in Schedule 4,
but where the trainee attends a retraining course or
supplementary retraining programme for a period of less than 1 month, only a
proportion of that retraining allowance shall be so payable, as calculated in
accordance with guidelines approved by the Board from time to time.

(5) Subject to subsection (6), on the receipt by the training body or
training provider of a retraining allowance under subsection (3) the
training body or training provider shall, as soon as practicable and without
making any deduction therefrom unless such deduction is approved by the Board,
distribute that retraining allowance to the trainee making the application
under subsection (1).

(6) Where a training body or training provider pays, or has paid, a trainee
who is attending a retraining course or supplementary retraining  programme
provided or conducted by that training body or training provider a sum of
money equivalent to the retraining allowance in respect of that trainee and in
respect of which that training body or training provider has submitted an
application under subsection (2) to the Board, then that training body or
training provider may reimburse itself the amount of that sum on the receipt
of that retraining allowance. (Enacted 1992. Amended 102 of 1994 s. 13)