Employment Ordinance

(1)
Where an employee is employed under a contract on such terms and conditions that his remuneration thereunder depends on his being provided by the employer with work of the kind he is employed to do, he shall for the purposes of
section 31B(1)
be taken to be laid off where the total number of days on each of which such work is not provided for him by the employer
exceeds—
(a)
half of the total number of normal working days in any period of 4 consecutive weeks; or
(b)
one-third of the total number of normal working days in any period of 26 consecutive weeks,
and he is not paid a sum equivalent to the wages which he would have earned if work had been provided on the days on which no work was provided.
(Amended
41 of 1990 s. 8
)
(1A)
Notwithstanding subsection (1), any period during which an employee is not provided with work because of a lock-out by his employer, or as a result of a rest day, a statutory holiday or a day of annual leave, shall not be taken into account as normal working days in determining whether an employee has been laid off.
(Added
41 of 1990 s. 8
. Amended
61 of 1993 s. 4
)
(2)
The continuity of a contract of employment of an employee shall not be treated as broken by any lay-off as a result of which no severance payment has been made.
(3)
For the purposes of this Part the
relevant
                    date
(
有關日期
) in respect of the right of an employee
                to a severance payment arising by reason of lay-off means any day on which the
                period of 4 consecutive weeks or 26 consecutive weeks, as the case may be, referred
                to in subsection (1) has expired.
(Amended
41 of 1990 s. 8
)
[cf. 1965 c. 62 s. 5(1) U.K.]