Chapter Number and Title of Enactment
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Chapter: | 57 | Title: | EMPLOYMENT ORDINANCE |  | |
: If this pencil mark appears at the beginning of a provision, that provision is subject to amendments that are already in operation but have not yet been incorporated in its text.
| Cap 57 | Long title | |
| Cap 57 Part I | PRELIMINARY | |
| Cap 57 s 1 | Short title | |
| Cap 57 s 2 | Interpretation | |
| Cap 57 s 3 | Meaning of continuous contract and onus of proof thereof | |
| Cap 57 s 4 | Application of Ordinance | |
| Cap 57 s 4A | Authorization of public officers | |
| Cap 57 s 4B | Chief Executive may give directions | |
| Cap 57 Part II | CONTRACTS OF EMPLOYMENT | |
| Cap 57 s 5 | Duration of contracts of employment | |
| Cap 57 s 6 | Termination of contract by notice | |
| Cap 57 s 7 | Termination of contract by payment in lieu of notice | |
| Cap 57 s 8 | Saving of rights | |
| Cap 57 s 8A | Damages for wrongful termination of contract | |
| Cap 57 s 9 | Termination of contract without notice by employer | |
| Cap 57 s 10 | Termination of contract without notice by employee | |
| Cap 57 s 10A | Deemed termination of contract under section 7 | |
| Cap 57 s 11 | Suspension from employment in certain cases | |
| Cap 57 Part IIA | END OF YEAR PAYMENT | |
| Cap 57 s 11A | Interpretation | |
| Cap 57 s 11AA | Presumption | |
| Cap 57 s 11B | Application of Part IIA | |
| Cap 57 s 11C | Payment period | |
| Cap 57 s 11D | Amount of end of year payment | |
| Cap 57 s 11E | Time of payment of end of year payment | |
| Cap 57 s 11F | Proportion of the end of year payment | |
| Cap 57 Part III | MATERNITY PROTECTION | |
| Cap 57 s 12A | Interpretation | |
| Cap 57 s 12 | Maternity leave | |
| Cap 57 s 12AA | Commencement of maternity leave | |
| Cap 57 s 13 | Authority to issue medical certificates | |
| Cap 57 s 14 | Payment for maternity leave | |
| Cap 57 s 15 | Prohibition against termination of employment | |
| Cap 57 s 15AA | Prohibition of assignment of heavy, hazardous or harmful work | |
| Cap 57 s 15A | Offences | |
| Cap 57 s 15B | Records | |
| Cap 57 s 15C | Restriction on pay in lieu of maternity leave | |
| Cap 57 Part IV | REST DAYS | |
| Cap 57 s 16 | (Repealed 10 of 1980 s. 3) | |
| Cap 57 s 17 | Grant of rest days | |
| Cap 57 s 18 | Appointment of rest days | |
| Cap 57 s 19 | Compulsory work on rest days | |
| Cap 57 s 20 | Voluntary work on rest days | |
| Cap 57 s 21 | Void conditions | |
| Cap 57 Part IVA | PROTECTION AGAINST ANTI-UNION DISCRIMINATION | |
| Cap 57 s 21A | Application of Part IVA | |
| Cap 57 s 21B | Rights of employees in respect of trade union membership and activities | |
| Cap 57 s 21C | Offer of employment conditional on offeree not being member of trade union | |
| Cap 57 s 21D | *(Repealed 135 of 1997 s. 3) | |
| Cap 57 s 21E | *(Repealed 135 of 1997 s. 3) | |
| Cap 57 s 21F | *(Repealed 135 of 1997 s. 3) | |
| Cap 57 s 21G | *(Repealed 135 of 1997 s. 3) | |
| Cap 57 s 21H | *(Repealed 135 of 1997 s. 3) | |
| Cap 57 s 21I | *(Repealed 135 of 1997 s. 3) | |
| Cap 57 s 21J | *(Repealed 135 of 1997 s. 3) | |
| Cap 57 Part V | PAYMENT OF WAGES | |
| Cap 57 s 22 | Wage period | |
| Cap 57 s 23 | Time of payment of wages | |
| Cap 57 s 24 | Payment on completion | |
| Cap 57 s 25 | Payment on termination | |
| Cap 57 s 25A | Interest on late payment of wages | |
| Cap 57 s 26 | Manner and place of payment of wages | |
| Cap 57 s 27 | Payment not to be made in certain places | |
| Cap 57 s 28 | Remuneration other than wages | |
| Cap 57 s 29 | Prohibition of agreements as to manner of spending | |
| Cap 57 s 30 | Provision of shops, etc. by employers for sale of commodities to employees | |
| Cap 57 s 31 | Employer not to enter into contract of employment without reasonable belief that he can pay wages | |
| Cap 57 Part VA | SEVERANCE PAYMENTS | |
| Cap 57 s 31A | (Repealed 76 of 1985 s. 4) | |
| Cap 57 s 31B | General provisions as to right to severance payment | |
| Cap 57 s 31C | General exclusions from right to severance payment by reason of dismissal | |
| Cap 57 s 31D | Dismissal by employer | |
| Cap 57 s 31E | Lay-off | |
| Cap 57 s 31F | Excluded classes of employees | |
| Cap 57 s 31G | Amount of severance payment | |
| Cap 57 s 31H | (Repealed 51 of 2000 s. 4) | |
| Cap 57 s 31I | Severance payment to be reduced by amount of gratuities and benefits in certain cases | |
| Cap 57 s 31IA | Gratuity or benefit to be reduced by amount of severance payment in certain cases | |
| Cap 57 s 31J | Change of ownership of business | |
| Cap 57 s 31K | Associated companies | |
| Cap 57 s 31L | Implied or constructive termination of contract | |
| Cap 57 s 31M | Death of employer or of employee | |
| Cap 57 s 31N | Claims for severance payments | |
| Cap 57 s 31O | Making of severance payment | |
| Cap 57 s 31P | Written particulars of severance payment | |
| Cap 57 s 31Q | Presumption | |
| Cap 57 Part VB | LONG SERVICE PAYMENTS | |
| Cap 57 s 31R | General provisions as to employee's right to long service payment | |
| Cap 57 s 31RA | Death of employee | |
| Cap 57 s 31RB | Application to domestic servants | |
| Cap 57 s 31S | General exclusions from right to long service payment by reason of dismissal | |
| Cap 57 s 31T | Dismissal by employer | |
| Cap 57 s 31U | Excluded classes of employees | |
| Cap 57 s 31V | Amount of long service payment | |
| Cap 57 s 31W | Calculation of period of employment | |
| Cap 57 s 31X | (Repealed 51 of 2000 s. 4) | |
| Cap 57 s 31Y | Long service payment to be reduced by amount of gratuities and benefits in certain cases | |
| Cap 57 s 31YAA | Gratuity or benefit to be reduced by amount of long service payment in certain cases | |
| Cap 57 s 31YA | Reduction of long service payment and other amounts on employee's death | |
| Cap 57 s 31Z | Change of ownership of business | |
| Cap 57 s 31ZA | Associated companies | |
| Cap 57 s 31ZB | Implied or constructive termination of contract | |
| Cap 57 s 31ZC | Death of employer | |
| Cap 57 s 31ZD | Making of long service payment | |
| Cap 57 s 31ZE | Written particulars of long service payment | |
| Cap 57 Part VC | SUPPLEMENTARY PROVISIONS TO PARTS VA AND VB | |
| Cap 57 s 31ZF | Re-employment after retirement at a specified age | |
| Cap 57 s 31ZG | Transitional | |
| Cap 57 Part VIA | EMPLOYMENT PROTECTION | |
| Cap 57 s 32A | Employee's entitlement to employment protection | |
| Cap 57 s 32B | Dismissal by employer | |
| Cap 57 s 32C | General exclusions from right to remedies | |
| Cap 57 s 32D | Change of ownership of business | |
| Cap 57 s 32E | Associated companies | |
| Cap 57 s 32F | Relevant date | |
| Cap 57 s 32G | Death of employer or employee | |
| Cap 57 s 32H | (Repealed 51 of 2000 s. 4) | |
| Cap 57 s 32I | Claim for remedies | |
| Cap 57 s 32J | Jurisdiction of Labour Tribunal | |
| Cap 57 s 32K | Reasons for the dismissal or the variation of the terms of the contract of employment | |
| Cap 57 s 32L | Determination of claim | |
| Cap 57 s 32M | Remedies for employment protection | |
| Cap 57 s 32N | Order for reinstatement and re-engagement | |
| Cap 57 s 32O | Award of terminal payments | |
| Cap 57 s 32P | Award of compensation | |
| Cap 57 s 32Q | Exclusion | |
| Cap 57 Part VI | DEDUCTIONS FROM WAGES | |
| Cap 57 s 32 | Restriction on deductions from wages | |
| Cap 57 Part VII | Sickness Allowance | |
| Cap 57 s 33 | Sickness allowance | |
| Cap 57 s 34 | Recognized scheme of medical treatment | |
| Cap 57 s 35 | Rate of sickness allowance | |
| Cap 57 s 35A | Transitional | |
| Cap 57 s 36 | Time for payment of sickness allowance | |
| Cap 57 s 37 | Employer to keep record of sickness days | |
| Cap 57 s 38 | Records to be produced to Commissioner | |
| Cap 57 Part VIII | Holidays with Pay | |
| Cap 57 s 39 | Grant of holidays | |
| Cap 57 s 40 | Payment of holiday pay | |
| Cap 57 s 40A | Restriction on pay in lieu of holiday | |
| Cap 57 s 41 | Rate of holiday pay | |
| Cap 57 Part VIIIA | ANNUAL LEAVE WITH PAY | |
| Cap 57 s 41A | Definitions (Part VIIIA) | |
| Cap 57 s 41AA | Annual leave | |
| Cap 57 s 41AB | Option for common leave year | |
| Cap 57 s 41B | Payment of annual leave pay | |
| Cap 57 s 41C | Rate of annual leave pay | |
| Cap 57 s 41D | Payment of annual leave pay on cesser of employment | |
| Cap 57 s 41E | Restriction on pay in lieu of leave | |
| Cap 57 s 41EA | Inclusion of certain provisions in contracts of employment prohibited | |
| Cap 57 s 41F | Annual leave shutdown | |
| Cap 57 s 41G | Employer to keep annual leave records | |
| Cap 57 Part IX | ANCILLARY PROVISIONS RELATING TO SICKNESS ALLOWANCE AND HOLIDAYS AND ANNUAL LEAVE WITH PAY* | |
| Cap 57 s 42 | (Repealed 7 of 2007 s. 15) | |
| Cap 57 s 43 | Payment of holiday pay, etc. in event of bankruptcy, etc. | |
| Cap 57 Part IXA | LIABILITY TO PAY WAGES OF SUB-CONTRACTOR'S AND NOMINATED SUB-CONTRACTOR'S EMPLOYEES | |
| Cap 57 s 43A | Interpretation | |
| Cap 57 s 43B | Application | |
| Cap 57 s 43C | Liability of principal contractor and superior sub-contractor to pay wages of employees of sub-contractors | |
| Cap 57 s 43D | Notice by employee to principal contractor | |
| Cap 57 s 43E | Employer to supply information at request of employee | |
| Cap 57 s 43F | Recovery of wages paid by principal contractor or superior sub-contractor | |
| Cap 57 s 43G | Liability of superior nominated sub-contractor to pay wages of employees of nominated sub-contractors | |
| Cap 57 s 43H | Notice by employee to main nominated sub-contractor | |
| Cap 57 s 43I | Employer to supply information at request of employee | |
| Cap 57 s 43J | Recovery of wages paid by superior nominated sub-contractor | |
| Cap 57 s 43K | Cessation of employer's liability for wages paid by principal contractor, superior sub-contractor or superior nominated sub-contractor | |
| Cap 57 s 43L | Service of notice | |
| Cap 57 s 43M | Employee's rights against employer not affected | |
| Cap 57 Part IXB | OFFENCE OF EMPLOYER¡¦S FAILURE TO PAY ANY SUM PAYABLE UNDER AWARD OF LABOUR TRIBUNAL OR MINOR EMPLOYMENT CLAIMS ADJUDICATION BOARD | |
| Cap 57 s 43N | Interpretation of Part IXB | |
| Cap 57 s 43O | Application | |
| Cap 57 s 43P | Offence of employer¡¦s failure to pay any sum payable under award of tribunal | |
| Cap 57 s 43Q | Liability of directors, partners, etc. for offence under section 43P | |
| Cap 57 s 43R | Proof of certain matters in proceedings for offence under section 43P | |
| Cap 57 s 43S | Prosecution of offence under section 43P | |
| Cap 57 Part X | INFORMATION RESPECTING CONDITIONS OF SERVICE* | |
| Cap 57 s 44 | Information to persons entering employment | |
| Cap 57 s 45 | Information to employees | |
| Cap 57 s 46 | Details of conditions and particulars of wages | |
| Cap 57 Part XI | RECORDS, FORMS AND RETURNS | |
| Cap 57 s 47 | Records to be kept by employers | |
| Cap 57 s 48 | Returns to be made to Commissioner | |
| Cap 57 s 49 | Form of notices, records, etc. | |
| Cap 57 s 49A | Requirement to keep wage and employment records | |
| Cap 57 Part XII | EMPLOYMENT AGENCIES | |
| Cap 57 s 50 | Interpretation and application of Part | |
| Cap 57 s 51 | Prohibitions in respect of the operation of employment agencies | |
| Cap 57 s 52 | Application for and issue of licences | |
| Cap 57 s 53 | Refusal to issue, or revocation of, licences | |
| Cap 57 s 54 | Commissioner's power of exemption | |
| Cap 57 s 55 | Withdrawal of exemption | |
| Cap 57 s 56 | Maintenance and delivery to the Commissioner of prescribed registers, records and returns | |
| Cap 57 s 57 | Prohibited acts in respect of employment agencies | |
| Cap 57 s 58 | Inspection of places of business of licensed or exempted employment agencies | |
| Cap 57 s 59 | Investigation of suspected offences | |
| Cap 57 s 60 | Offences | |
| Cap 57 s 61 | Application of sections 52(2A), (2B) and (2C), 56, 57, 58 and 59 to holders of certificates of exemption and exempted employment agencies | |
| Cap 57 s 62 | Power to make regulations | |
| Cap 57 Part XIII | OFFENCES AND PENALTIES | |
| Cap 57 s 63 | Offences and penalty | |
| Cap 57 s 63A | Offences relating to sections 31, 72A and 72B and penalty | |
| Cap 57 s 63B | Offences relating to sections 32 and 72(1)(a), (b) and (c) | |
| Cap 57 s 63C | Offences relating to time and payment of wages | |
| Cap 57 s 63CA | Offences relating to interest on late payment of wages | |
| Cap 57 s 63D | Minor offences | |
| Cap 57 s 64 | Prosecution of offences | |
| Cap 57 s 64A | Service of summons | |
| Cap 57 s 64B | Liability of directors, partners, etc. | |
| Cap 57 s 65 | Liability for outstanding wages | |
| Cap 57 Part XIV | MISCELLANEOUS | |
| Cap 57 s 66 | Wages not to be attached | |
| Cap 57 s 67 | Application for apprehension of absconding employer | |
| Cap 57 s 67A | Amendment of limitation imposed on severance payment and long service payment | |
| Cap 57 s 68 | Amendment of forms | |
| Cap 57 s 69 | Saving as to existing contracts of service | |
| Cap 57 s 70 | Contracting out | |
| Cap 57 s 71 | Saving as to schemes of medical treatment under repealed Industrial Employment (Holidays with Pay and Sickness Allowance) Ordinance | |
| Cap 57 s 72 | Powers of officers | |
| Cap 57 s 72A | Duty of public officers not to disclose source of complaint, etc. | |
| Cap 57 s 72B | Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc. | |
| Cap 57 s 72C | Presumptions | |
| Cap 57 s 73 | Regulations | |
| Cap 57 s 74 | Penalty for contravention of regulations | |
| Cap 57 s 75 | Transitionals for Certification for Employee Benefits (Chinese Medicine) (Miscellaneous Amendments) Ordinance 2006 | |
| Cap 57 s 76 | Application of this Ordinance as amended by the Employment (Amendment) Ordinance 2007 | |
| Cap 57 Sched 1 | CONTINUOUS EMPLOYMENT | |
| Cap 57 Sched 2 | PROCEDURE FOR APPREHENSION OF ABSCONDING EMPLOYER | |
| Cap 57 Sched 3 | DEATH OF EMPLOYER OR OF EMPLOYEE | |
| Cap 57 Sched 4 | SPECIFIED ORDINANCES | |
| Cap 57 Sched 5 | (Repealed 74 of 1997 s. 18) | |
| Cap 57 Sched 6 | DEATH OF EMPLOYER-LONG SERVICE PAYMENTS | |
| Cap 57 Sched 7 | ||
| Cap 57 Sched 8 | EMPLOYMENT PROTECTION | |
| Cap 57 Sched 9 | Monetary Cap on Keeping Records of Hours Worked |
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