Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31RA

Death of employee

(Past version on 30/06/1997).

(1) Where an employee dies and he had been at the time of his death employed
under a continuous contract for not less than 5 years of service on the date
of his death, the employer shall, subject to this Part and Part VC, pay a
long service payment calculated in accordance with section  31V (1) to-
(Amended 105 of 1991 s. 3; 74 of 1997 s. 11)

   (a)  the spouse of the employee, if the employee leaves a spouse; or

   (b)  the issue of the employee, if the employee leaves any issue but no
        spouse; or

   (c)  a parent of the employee, if the employee leaves neither a spouse nor
        issue; or

   (d)  the personal representative of the employee, if the employee does not
        leave any spouse, issue or parent.

(1A) (Repealed 74 of 1997 s. 11)

(2) A person referred to in paragraph (a), (b), (c) or (d) of subsection (1)
shall not be entitled to such payment unless-

   (a)  that person serves an application in the form specified by the
        Commissioner under section 49 on the relevant employer within the
        period of 30 days beginning on the day next following the date of
        death of the employee or within such extended period as the
        Commissioner may allow; and

   (b)  the applicant's relationship (being a relationship mentioned in
        paragraph (a), (b), (c) or (d) of subsection (1)) to the deceased
        employee is supported by documentary evidence.

(3) The Commissioner may extend the time for serving an application under
subsection (2) although the application for extension is not made until after
the expiration of the period of 30 days after the date of death of an
employee.

(4) Where a person referred to in paragraph (a) or (b) of subsection (1) is a
minor, the application under subsection (2) shall be made by the guardian of
that person.

(5) Where a person is entitled to a long service payment under this section,
the employer shall pay such person the long service payment to which he is
entitled-

   (a)  where the person so entitled is a spouse, not later than 7 days after
        the receipt of the application; or

   (b)  where the person so entitled is not a spouse, not earlier than
the day (hereinafter in this paragraph called "the said day") next following
the date of expiration of the period which, as regards the particular case,
was the period during which an application under subsection (2)(a) could be
served but not later than 7 days after the said  day.

(6) An employer who without reasonable excuse fails to pay a long 
service payment on or before the latest date for payment as required by
subsection (5) shall be guilty of an offence and shall be liable on conviction
to a fine at level 5. (Amended 103 of 1995 s. 10)

(7) Where 2 or more persons are entitled to a long service payment under this
section, the long service payment shall be divided equally between such
persons.

(8) A long service payment is payable in accordance with this Part by an
employer on the death of an employee from whatever cause and is payable in
addition to any compensation payable by the employer under the
Employees' Compensation Ordinance ( Cap 282). (Added 52 of 1988 s. 6)