Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31E

Lay-off

(1) Where an employee is employed under a contract on such terms and
conditions that his remuneration thereunder depends on his being provided by
the employer with work of the kind he is employed to do, he shall for the
purposes of section 31B(1) be taken to be laid off where the total number of
days on each of which such work is not provided for him by the employer
exceeds-

   (a)  half of the total number of normal working days in any period of 4
        consecutive weeks; or

   (b)  one-third of the total number of normal working days in any period of
        26 consecutive weeks, and he is not paid a sum equivalent to the wages
        which he would have earned if work had been provided on the days on
        which no work was provided. (Amended 41 of 1990 s. 8)

(1A) Notwithstanding subsection (1), any period during which an employee is
not provided with work because of a lock-out by his employer, or as a result
of a rest day, a statutory holiday or a day of annual  leave, shall not be
taken into account as normal working days in determining whether an employee
has been laid off. (Added 41 of 1990 s. 8. Amended 61 of 1993 s. 4)

(2) The continuity of a contract of employment of an employee shall not be
treated as broken by any lay-off as a result of which no severance  payment
has been made.

(3) For the purposes of this Part the "relevant date" (有關日期) in
respect of the right of an employee to a severance payment arising by reason
of lay-off means any day on which the period of 4 consecutive weeks or 26
consecutive weeks, as the case may be, referred to in subsection (1) has
expired. (Amended 41 of 1990 s. 8) [cf. 1965 c. 62 s. 5(1) U.K.]

"relevant date" (有關日期)