HKLII Hong Kong Ordinances

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EMPLOYMENT ORDINANCE - SECT 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)



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