Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 57
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. Meaning of continuous contract and onus of proof thereof
4. Application of Ordinance
4A. Authorization of public officers
4B. Chief Executive may give directions
5. Duration of contracts of employment
6. Termination of contract by notice
7. Termination of contract by payment in lieu of notice
8. Saving of rights
8A. Damages for wrongful termination of contract
9. Termination of contract without notice by employer
10. Termination of contract without notice by employee
10A. Deemed termination of contract under section 7
11. Suspension from employment in certain cases
11A. Interpretation
11AA. Presumption
11B. Application of Part IIA
11C. Payment period
11D. Amount of end of year payment
11E. Time of payment of end of year payment
11F. Proportion of the end of year payment
12. Maternity leave
12A. Interpretation
12AA. Commencement of maternity leave
13. Authority to issue medical certificates
14. Payment for maternity leave
15. Prohibition against termination of employment
15A. Offences
15AA. Prohibition of assignment of heavy, hazardous or harmful work
15B. Records
15C. Restriction on pay in lieu of maternity leave
16. (Repealed 10 of 1980 s. 3)
17. Grant of rest days
18. Appointment of rest days
19. Compulsory work on rest days
20. Voluntary work on rest days
21. Void conditions
21A. Application of Part IVA
21B. Rights of employees in respect of trade union membership and
activities
21C. Offer of employment conditional on offeree not being member of trade
union
21D. *(Repealed 135 of 1997 s. 3)
21E. *(Repealed 135 of 1997 s. 3)
21F. *(Repealed 135 of 1997 s. 3)
21G. *(Repealed 135 of 1997 s. 3)
21H. *(Repealed 135 of 1997 s. 3)
21I. *(Repealed 135 of 1997 s. 3)
21J. *(Repealed 135 of 1997 s. 3)
22. Wage period
23. Time of payment of wages
24. Payment on completion
25. Payment on termination
25A. Interest on late payment of wages
26. Manner and place of payment of wages
27. Payment not to be made in certain places
28. Remuneration other than wages
29. Prohibition of agreements as to manner of spending
30. Provision of shops, etc. by employers for sale of commodities to
employees
31. Employer not to enter into contract of employment without reasonable
belief that he can pay wages
31A. (Repealed 76 of 1985 s. 4)
31B. General provisions as to right to severance payment
31C. General exclusions from right to severance payment by reason of
dismissal
31D. Dismissal by employer
31E. Lay-off
31F. Excluded classes of employees
31G. Amount of severance payment
31H. (Repealed 51 of 2000 s. 4)
31I. Severance payment to be reduced by amount of gratuities and benefits
in certain cases
31IA. Gratuity or benefit to be reduced by amount of severance payment in
certain cases
31J. Change of ownership of business
31K. Associated companies
31L. Implied or constructive termination of contract
31M. Death of employer or of employee
31N. Claims for severance payments
31O. Making of severance payment
31P. Written particulars of severance payment
31Q. Presumption
31R. General provisions as to employee's right to long service payment
31RA. Death of employee
31RB. Application to domestic servants
31S. General exclusions from right to long service payment by reason of
dismissal
31T. Dismissal by employer
31U. Excluded classes of employees
31V. Amount of long service payment
31W. Calculation of period of employment
31X. (Repealed 51 of 2000 s. 4)
31Y. Long service payment to be reduced by amount of gratuities and
benefits in certain cases
31YA. Reduction of long service payment and other amounts on employee's
death
31YAA. Gratuity or benefit to be reduced by amount of long service payment
in certain cases
31Z. Change of ownership of business
31ZA. Associated companies
31ZB. Implied or constructive termination of contract
31ZC. Death of employer
31ZD. Making of long service payment
31ZE. Written particulars of long service payment
31ZF. Re-employment after retirement at a specified age
31ZG. Transitional
32. Restriction on deductions from wages
32A. Employee's entitlement to employment protection
32B. Dismissal by employer
32C. General exclusions from right to remedies
32D. Change of ownership of business
32E. Associated companies
32F. Relevant date
32G. Death of employer or employee
32H. (Repealed 51 of 2000 s. 4)
32I. Claim for remedies
32J. Jurisdiction of Labour Tribunal
32K. Reasons for the dismissal or the variation of the terms of the
contract of employment
32L. Determination of claim
32M. Remedies for employment protection
32N. Order for reinstatement and re-engagement
32O. Award of terminal payments
32P. Award of compensation
32Q. Exclusion
33. Sickness allowance
34. Recognized scheme of medical treatment
35. Rate of sickness allowance
35A. Transitional
36. Time for payment of sickness allowance
37. Employer to keep record of sickness days
38. Records to be produced to Commissioner
39. Grant of holidays
40. Payment of holiday pay
40A. Restriction on pay in lieu of holiday
41. Rate of holiday pay
41A. Definitions (Part VIIIA)
41AA. Annual leave
41AB. Option for common leave year
41B. Payment of annual leave pay
41C. Rate of annual leave pay
41D. Payment of annual leave pay on cesser of employment
41E. Restriction on pay in lieu of leave
41EA. Inclusion of certain provisions in contracts of employment prohibited
41F. Annual leave shutdown
41G. Employer to keep annual leave records
42. (Repealed 7 of 2007 s. 15)
43. Payment of holiday pay, etc. in event of bankruptcy, etc.
43A. Interpretation
43B. Application
43C. Liability of principal contractor and superior sub-contractor to pay
wages of employees of sub-contractors
43D. Notice by employee to principal contractor
43E. Employer to supply information at request of employee
43F. Recovery of wages paid by principal contractor or superior
sub-contractor
43G. Liability of superior nominated sub-contractor to pay wages of
employees of nominated sub-contractors
43H. Notice by employee to main nominated sub-contractor
43I. Employer to supply information at request of employee
43J. Recovery of wages paid by superior nominated sub-contractor
43K. Cessation of employer's liability for wages paid by principal
contractor, superior sub-contractor or superior nominated sub-contractor
43L. Service of notice
43M. Employee's rights against employer not affected
44. Information to persons entering employment
45. Information to employees
46. Details of conditions and particulars of wages
47. Records to be kept by employers
48. Returns to be made to Commissioner
49. Form of notices, records, etc.
49A. Requirement to keep wage and employment records
50. Interpretation and application of Part
51. Prohibitions in respect of the operation of employment agencies
52. Application for and issue of licences
53. Refusal to issue, or revocation of, licences
54. Commissioner's power of exemption
55. Withdrawal of exemption
56. Maintenance and delivery to the Commissioner of prescribed registers,
records and returns
57. Prohibited acts in respect of employment agencies
58. Inspection of places of business of licensed or exempted employment
agencies
59. Investigation of suspected offences
60. Offences
61. Application of sections 52(2A), (2B) and (2C), 56, 57, 58 and 59
to holders of certificates of exemption and exempted employment
agencies
62. Power to make regulations
63. Offences and penalty
63A. Offences relating to sections 31, 72A and 72B and penalty
63B. Offences relating to sections 32 and 72(1)(a), (b) and (c)
63C. Offences relating to time and payment of wages
63CA. Offences relating to interest on late payment of wages
63D. Minor offences
64. Prosecution of offences
64A. Service of summons
64B. Liability of directors, partners, etc.
65. Liability for outstanding wages
66. Wages not to be attached
67. Application for apprehension of absconding employer
67A. Amendment of limitation imposed on severance payment and long service
payment
68. Amendment of forms
69. Saving as to existing contracts of service
70. Contracting out
71. Saving as to schemes of medical treatment under repealed Industrial
Employment (Holidays with Pay and Sickness Allowance) Ordinance
72. Powers of officers
72A. Duty of public officers not to disclose source of complaint, etc.
72B. Employment not to be terminated, etc. by reason of fact that
employee has given evidence in proceedings under Ordinance, etc.
72C. Presumptions
73. Regulations
74. Penalty for contravention of regulations
75. Transitionals for Certification for Employee Benefits (Chinese
Medicine) (Miscellaneous Amendments) Ordinance 2006
76. Application of this Ordinance as amended by the Employment
(Amendment) Ordinance 2007
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
[ Note: This table has been automatically generated and may be incomplete. ]