Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.11E

Time of payment of end of year payment

(1)
An end of year payment payable to an employee to whom this Part applies in respect of a payment period shall become due to the
employee—
(a)
subject to subsection (2), on the day specified in that behalf in the contract of employment; or
(b)
if a day is not so specified, on the last day of the payment period,
and shall be paid as soon as is practicable but in any case not later than 7 days after that day but nothing in this section shall be construed as preventing the payment of the end of year payment at any time before that day.
(2)
Where the contract of employment of an employee to whom this Part applies who has been employed for the whole of a payment period is terminated after the expiry of the payment period but before the end of year payment becomes due on the day specified in the contract, the end of year payment shall, notwithstanding that a day is so specified, become due to the
employee—
(a)
on the day on which the contract of employment terminates; or
(b)
in the case of an end of year payment that falls to be calculated by reference to any profits of the employer, on the day on which the profits of the employer are ascertained,
and shall be paid as soon as is practicable but in any case not later than 7 days after that day.