Employment Ordinance

(1)
Where an employee is entitled to a severance payment under this Part, his employer shall make the severance payment to him not later than 2 months from the receipt of a notice in accordance with paragraph (b) of
section 31N
unless either the employer or the employee has, before the expiration of that period, made the severance payment the subject of a claim filed
with—
(a)
the Registrar of the Minor Employment Claims Adjudication Board in accordance with
Part 4
of the Minor Employment Claims Adjudication Board Ordinance (
Cap. 453
); or
(b)
the Registrar of the Labour Tribunal in accordance with
Part 4
of the Labour Tribunal Ordinance (
Cap. 25
).
(Amended
61 of 1994 s. 51
)
(1A)
(Repealed
9 of 2010 s. 3
)
(2)
A severance payment shall be made in legal tender except that, where the employee so consents, payment may be
made—
(a)
by cheque, money order or postal order;
(b)
into an account in his name with any bank within the meaning of
section 2
of the Banking Ordinance (
Cap. 155
); or
(Amended
49 of 1995 s. 53
)
(c)
to his duly appointed agent.
(3)
(a)
An employer who without reasonable excuse fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 5.
(Amended
9 of 2010 s. 3
)
(b)
An employer who without reasonable excuse fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 3.
(Replaced
103 of 1995 s. 8
)