Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31K

Associated companies

(1) Where the employer is a company, any reference in this Part to
re-engagement by the employer shall be construed as a reference to
re-engagement by that company or by any associated company, and any reference
in this Part to an offer made by the employer shall be construed as including
a reference to an offer made by an associated company.

(2) Subsection (1) shall not affect the operation of section 31J in a case
where the previous owner and the new owner (as defined by that section) are
associated companies; and where that section applies, subsection (1) shall not
apply.

(3) Where an employee is dismissed by his employer, and the
employer is a company (in this subsection referred to as "the employing
company") which has one or more associated companies, then if-

   (a)  none of the conditions specified in section 31B(2) is fulfilled;

   (b)  one or other of those conditions would be fulfilled if the business of
        the employing company and the business of the associated  company (or,
        if more than one, each of the associated companies) were treated as
        together constituting one business, that condition shall for the
        purposes of this Part be taken to be fulfilled in relation to the
        dismissal of the employee.

(4) Where an employee of a company is taken into the employment of another
company which, at the time when he is taken into its employment, is an
associated company of the first-mentioned company, his period of employment at
that time shall count as a period of employment with the associated company,
and the change of employer shall not break the continuity of the period of
employment.

(5) For the purposes of this section 2 companies shall be taken to be
associated companies if one is a subsidiary of the other, or both are
subsidiaries of a third company, and "associated company" (相聯公司) shall
be construed accordingly.

(6) In this section "company" (公司) and "subsidiary" (附屬公司) have
the meanings respectively assigned thereto by section 2 of the Companies 
Ordinance ( Cap 32). (Amended 76 of 1985 s. 7) [cf. 1965 c. 62 s. 48 U.K.]

"associated company" (相聯公司)

"company" (公司) and "subsidiary" (附屬公司)