Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31V

Amount of long service payment

(Past version on 30/06/1997).

(1) Subject to this Part, the amount of a long service payment payable under
section 31R(1) or 31RA(1) shall be calculated by allowing- (Amended 105 of
1991 s. 4)

   (a)  in the case of a monthly rated employee, two-thirds of his last full
        month's wages, or two-thirds of $22500, whichever is less; and

   (b)  in any other case, 18 days' wages based on any 18 days chosen by the
        employee and occurring during his last 30 normal working days, or
        two-thirds of $22500, whichever is less, (Amended L.N. 264 of 1995)
        for every year (and pro rata as respects an incomplete year) of
        employment under a continuous contract by his employer subject in all
        cases to a maximum payment not exceeding, where the relevant date
        occurs in a period specified in column 1 of Table A in the Seventh
        Schedule, the amount specified in column 2 of that table opposite to
        the period. (Replaced 41 of 1990 s. 12. Amended 5 of 1995 s. 7)

(1AA) Notwithstanding subsection (1), where-

   (a)  the relevant date occurs in a period specified in column 1 of Table B
        in the Seventh Schedule; and

   (b)  the employee has been employed under a continuous contract by
his employer for a period ("employment period") which immediately precedes the
relevant date and is longer than the period specified in column 2 of that
table opposite to the period in which the relevant date occurs, that part of
the employment period exceeding the period so specified in column 2 of that
table shall be reduced by one half for the purpose of calculating his
entitlement under subsection (1). (Added 5 of 1995 s. 7)

(1A) Notwithstanding subsection (1), the employee may elect to have his wages
averaged over the period of 12 months immediately preceding the relevant date,
but where he so elects, then-

   (a)  in the case of a monthly rated employee, the monthly average shall not
        exceed $22500; and

   (b)  in any other case, the total wages for the 12 months shall, for the
        purpose of calculating the daily average, not exceed 12 times $22500.
        (Added 41 of 1990 s. 12. Amended L.N. 264 of 1995)

(2) Subject to this Part, the amount of a long service payment payable under
section 31R(2) or 31RA(1A) shall be-

   (a)  -(c) (Repealed 74 of 1997 s. 12)

   (d)  -(e) (Repealed 74 of 1997 s. 13)

(3) (Repealed 41 of 1990 s. 12)