Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31R

General provisions as to employee's right to long service payment

(Past version on 27/06/1998).
(Past version on 30/06/1997).

PART VB

LONG SERVICE PAYMENTS

(1) Where an employee who has been employed under a continuous  contract-

   (a)  for not less than 5 years of service at the relevant date- (Amended 74
        of 1997 s. 10)

        (i)    is dismissed and his employer is not liable to pay him a
               severance payment by reason thereof; or

        (ii)   subject to subsections (3) to (5), terminates his contract in
               the circumstances specified in section 10(aa); or (Amended 61
               of 1993 s. 5)

   (b)  terminates his contract and, at the relevant date, he is not less than
        65 years of age and has been employed under that contract for not less
        than 5 years, (Amended 65 of 1995 s. 2) the employer shall, subject to
        this Part and Part VC, pay to the employee a long service payment
        calculated in accordance with section 31V(1). (Amended 105 of 1991 s.
        2)

(2) (Repealed 74 of 1997 s. 10)

(3) Where an employee has terminated his contract in the circumstances
specified in section 10(aa) upon being certified as being permanently unfit
for a particular type of work, the employer may require the employee to
undergo a medical examination, at the employer's expense, to obtain a second
opinion as to whether or not the employee is permanently unfit for that type
of work. (Replaced 16 of 2006 s. 6)

(3A) A medical examination referred to in subsection (3) shall be conducted by
a registered medical practitioner or registered Chinese  medicine practitioner
named by the employer, regardless of whether the certificate issued in respect
of the employee for the purposes of section  10 (aa)(ii) was issued by a
registered medical practitioner or registered  Chinese medicine practitioner.
(Added 16 of 2006 s. 6)

(4) An employer shall forfeit his right to exercise the option under
subsection (3) unless-

   (a)  he makes arrangements for a medical examination to take place not more
        than 14 days after the employer receives a copy of a certificate
        issued under section 10(aa); and

   (b)  he notifies the employee in writing, not less than 48 hours before the
        examination is to take place, giving him details of the appointment.
        (Added 61 of 1993 s. 5)

(5) An employee referred to in subsection (3) who, without reasonable excuse,
refuses to undergo a medical examination forfeits his right to a
long service payment under this Part. (Added 61 of 1993 s. 5)

(6) Where the second opinion obtained by an employer under subsection (3)
comes to the opposite conclusion from the certificate issued under
section 10(aa), the employer shall submit the certificate and the second
opinion to the Commissioner and the Commissioner shall, after such
consultation with such medical experts as he considers necessary, rule whether
or not the employee is entitled to a long service payment under this Part.
(Added 61 of 1993 s. 5) (Replaced 52 of 1988 s. 6. Amended 41 of 1990 s. 11)