Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 11F

Proportion of the end of year payment

(Past version on 30/06/1997).

(1) Subject to subsections (1A) and (1B), where, in the case of an employee to
whom this Part applies who has not been employed by the same employer for the
whole of a payment period but has been so employed for a period of not less
than 3 months in the payment period- (Amended 74 of 1997 s. 8; 7 of 2001 s. 4)

   (a)  the contract of employment is terminated-

        (i)    at any time during the payment period; or

        (ii)   on the expiry of the payment period; or (Replaced 7 of 2001 s.
               4)

   (b)  the employee continues to be employed by the employer after the expiry
        of the payment period, the employee shall be paid a proportion,
        calculated in accordance with subsection (2), of the
        end of year payment that would have been payable under this Part if he
        had been employed by the same employer for the whole of the
        payment period.

(1A) If it is a term or condition of a contract of employment that the
employee is on probation, the period of such probation or a period of 3
months, whichever is the shorter, shall be excluded from the calculation of
the 3 months' period under subsection (1). (Added 74 of 1997 s. 8)

(1B) Subsection (1)(a) shall not apply where a contract of  employment is
terminated-

   (a)  by the employee (except such a termination which is in accordance with
        section 10); or

   (b)  in accordance with section 9. (Added 7 of 2001 s. 4)

(2) The proportion of the end of year payment payable under subsection (1)
shall be-

   (a)  the proportion specified in that behalf in the contract of 
        employment; or

   (b)  if a proportion is not so specified, the sum which bears the same
        proportion to a full month's wages of the employee as his period of
        service under the contract of employment in the payment period bears
        to that payment period.

(3) The proportion of the end of year payment payable under subsection (1)
shall become due to the employee-

   (a)  under paragraph (a) of that subsection-

        (i)    on the day on which the contract of employment terminates; or

        (ii)   in the case of a proportion 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; or

   (b)  under paragraph (b) of that subsection-

        (i)    subject to subsection (4), on the day specified in the
               contract  of employment as the day on which the
               end of year payment becomes due; or

        (ii)   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
               subsection shall be construed as preventing the payment of the
               proportion of the end of year payment at any time before that
               day.

(4) Where the contract of employment of an employee to whom subsection (1)(b)
applies 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
proportion of the end of year payment payable under subsection (1) 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 a proportion 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)