Employment Ordinance

(1)
On making any severance payment, otherwise than in pursuance of a decision of the Minor Employment Claims Adjudication Board or Labour Tribunal which specifies the amount of the payment to be made, the employer shall give to the employee a written statement indicating how the amount of the payment has been calculated.
(Amended
61 of 1994 s. 52
)
(2)
(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 3.
(b)
An employer who in a statement under subsection (1) includes anything which to his knowledge is false in a material particular, or recklessly includes anything which is false in a material particular shall be guilty of an offence and shall be liable on conviction to a fine at level 5.
(Replaced
103 of 1995 s. 9
)
(3)
Without prejudice to any proceedings for an offence under subsection
(2
)(
a)
, if an employer fails to comply with the requirements of subsection (1), the employee may by notice in writing to the employer require the employer to give to the employee a written statement complying with those requirements within such period (not being less than 1 week beginning with the day on which the notice was given) as may be specified in the notice.
(4)
If, without reasonable excuse, an employer fails to comply with a notice under subsection (3) he shall be guilty of an offence and shall be
liable—
(a)
in the case of a first conviction to a fine at level 3; or
(b)
in the case of a second or subsequent conviction, to a fine at level 5.
(Amended
24 of 1988 s. 2
;
103 of 1995 s. 9
)
[cf. 1965 c. 62 s. 18 U.K.]