Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31W

Calculation of period of employment

(1) For the purposes of this Part, a reference to the period of employment
under a continuous contract shall not include a reference to any such
employment occurring more than- (Amended 41 of 1990 s. 13)

   (a)  6 years prior to 1 January 1986, where the relevant date occurs in
        1986;

   (b)  7 years prior to 1 January 1986, where the relevant date occurs in
        1987;

   (c)  8 years prior to 1 January 1986, where the relevant date occurs in
        1988; and

   (d)  9 years prior to 1 January 1986, where the relevant date occurs in
        1989 or any year thereafter.

(1A) Subsection (1) shall cease to have effect on the commencement of the
Employment (Amendment) Ordinance 1995 (5 of 1995). (Added 5 of 1995 s. 8)

(2) Notwithstanding subsection (1), for the purposes of this Part, in the case
of an employee who was employed under a continuous contract otherwise than by
way of manual labour and whose average monthly wages during the period of 12
months immediately preceding the date of commencement of the Employment
(Amendment) Ordinance 1990 (41 of 1990) exceed $15000, a reference to the
period of employment under a continuous  contract shall not include a
reference to any such employment occurring more than-

   (a)  3 years prior to 1 January 1990, where the relevant date occurs in
        1990;

   (b)  4 years prior to 1 January 1990, where the relevant date occurs in
        1991;

   (c)  5 years prior to 1 January 1990, where the relevant date occurs in
        1992;

   (d)  6 years prior to 1 January 1990, where the relevant date occurs in
        1993;

   (e)  7 years prior to 1 January 1990, where the relevant date occurs in
        1994;

   (f)  8 years prior to 1 January 1990, where the relevant date occurs in
        1995;

   (g)  9 years prior to 1 January 1990, where the relevant date occurs in
        1996;

   (h)  10 years prior to 1 January 1990, where the relevant date occurs in
        1997 or any year thereafter. (Added 41 of 1990 s. 13)