Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31I

Severance payment to be reduced by amount of gratuities and benefits in certain cases

(Past version on 01/12/2000).
(Past version on 30/06/1997).

For transitional and savings provisions relating to the amendment of this
section made by the Employment (Amendment) (No. 2) Ordinance 2001 (18 of
2001), see section 5 of that Ordinance. If an employee becomes entitled to
payment of a severance payment under this Part and-

(a) because of the operation of the employee's contract of  employment, one or
more gratuities based on length of service or one or more
relevant occupational retirement scheme benefits have been paid to the
employee; or

   (b)  a relevant mandatory provident fund scheme benefit is being held in a
        mandatory provident fund scheme in respect of the employee, or has
        been paid to or in respect of the employee, the severance payment is
        to be reduced by the total amount of all of the gratuities and
        benefits to or in respect of the employee to the extent that they
        relate to the employee's years of service for which the
        severance payment is payable. (Replaced 4 of 1998 s. 5. Amended 18 of
        2001 s. 2)