Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31P

Written particulars of severance payment

(1) On making any severance payment, otherwise than in pursuance of a decision
of the Minor Employment Claims Adjudication Board or Labour  Tribunal which
specifies the amount of the payment to be made, the employer shall give to the
employee a written statement indicating how the amount of the payment has been
calculated. (Amended 61 of 1994 s. 52)

(2) (a) An employer who without reasonable excuse fails to comply with
subsection (1) shall be guilty of an offence and shall be liable on conviction
to a fine at level 3.

   (b)  An employer who in a statement under subsection (1) includes anything
        which to his knowledge is false in a material particular, or
        recklessly includes anything which is false in a material particular
        shall be guilty of an offence and shall be liable on conviction to a
        fine at level 5. (Replaced 103 of 1995 s. 9)

(3) Without prejudice to any proceedings for an offence under subsection
(2)(a), if an employer fails to comply with the requirements of subsection
(1), the employee may by notice in writing to the employer require the
employer to give to the employee a written statement complying with those
requirements within such period (not being less than 1 week beginning with the
day on which the notice was given) as may be specified in the notice.

(4) If, without reasonable excuse, an employer fails to comply with a notice
under subsection (3) he shall be guilty of an offence and shall be liable-

   (a)  in the case of a first conviction to a fine at level 3; or

   (b)  in the case of a second or subsequent conviction, to a fine at level
        5. (Amended 24 of 1988 s. 2; 103 of 1995 s. 9) [cf. 1965 c. 62 s. 18
        U.K.]