Employment Ordinance

(1)
Where the employer is a company, any reference in this Part to re-engagement by the employer shall be construed as a reference to re-engagement by that company or by any associated company, and any reference in this Part to an offer made by the employer shall be construed as including a reference to an offer made by an associated company.
(2)
Subsection (1) shall not affect the operation of
section 31J
in a case where the previous owner and the new owner (as defined by that section) are associated companies; and where that section applies, subsection (1) shall not apply.
(3)
Where an employee is dismissed by his employer, and the employer is
                                a company (in this subsection referred to as
the
                                                employing
                                company
)
                                which has one or more associated companies, then
if—
(a)
none of the conditions specified in
section
                                                31B(2)
is fulfilled;
(b)
one or other of those conditions would be fulfilled if the
                                        business of the employing company and the business of the
                                        associated company (or, if more than one, each of the
                                        associated companies) were treated as together constituting
                                        one business,
that condition shall for the purposes of this Part be taken to be
                                fulfilled in relation to the dismissal of the employee.
(4)
Where an employee of a company is taken into the employment of another company which, at the time when he is taken into its employment, is an associated company of the first-mentioned company, his period of employment at that time shall count as a period of employment with the associated company, and the change of employer shall not break the continuity of the period of employment.
(5)
For the purposes of this
section 2
companies shall be taken to be associated companies if one is a
                                subsidiary of the other, or both are subsidiaries of a third
                                company, and
associated
                                        company
(
相聯公司
) shall be construed
                                accordingly.
(6)
In this
section—
company
(
公司
) has the meaning given by
section 2(1)
of the Companies Ordinance (
Cap. 622
);
subsidiary
(
附屬公司
) has the
                meaning given by
section 15
of the Companies Ordinance (
Cap. 622
) for the purposes of that Ordinance.
(Replaced
28 of 2012 ss. 912 & 920
)
[cf. 1965 c. 62 s. 48 U.K.]