Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.31I

Severance payment to be reduced by amount of gratuities and benefits in certain cases

(1)
This section applies
if—
(a)
an employee becomes entitled to payment of a severance payment under this
                    Part; and
(b)
any of the following conditions is
met—
(i)
because of the operation of the employee’s contract of employment, one
                        or more gratuities based on length of service have been paid to the
                        employee;
(ii)
because of the operation of that contract, one or more employer-funded
                        (specified) ORS benefits have been paid to the employee;
(iii)
one or more employer-funded (voluntary) MPFS benefits are being held in
                        one or more mandatory provident fund schemes in respect of the employee, or
                        have been paid to or in respect of the employee.
(2)
The severance payment is to be reduced by the aggregate amount of every one of
                the gratuities and benefits referred to in subsection
(1
)(
b)
to the
                extent that it relates to the employee’s years of service for which the severance
                payment is payable.