Employment Ordinance

(1)
Where an employee who has been employed under a continuous
contract—
(a)
for not less than 5 years of service at the relevant
date—
(Amended
74 of 1997 s. 10
)
(i)
is dismissed and his employer is not liable to pay him a severance payment by reason thereof; or
(ii)
subject to subsections (3) to (5), terminates his contract in the circumstances specified in
section 10(aa)
; or
(Amended
61 of 1993 s. 5
)
(b)
terminates his contract and, at the relevant date, he is not less than 65 years of age and has been employed under that contract for not less than 5 years,
(Amended
65 of 1995 s. 2
)
the employer shall, subject to this Part and Part VC, pay to the employee a long service payment calculated in accordance with
section 31V(1)
.
(Amended
105 of 1991 s. 2
)
(2)
(Repealed
74 of 1997 s. 10
)
(3)
Where an employee has terminated his contract in the circumstances specified in
section 10(aa)
upon being certified as being permanently unfit for a particular type of work, the employer may require the employee to undergo a medical examination, at the employer’s expense, to obtain a second opinion as to whether or not the employee is permanently unfit for that type of work.
(Replaced
16 of 2006 s. 6
)
(3A)
A medical examination referred to in subsection (3) shall be conducted by a registered medical practitioner or registered Chinese medicine practitioner named by the employer, regardless of whether the certificate issued in respect of the employee for the purposes of
section 10(aa
)(
ii)
was issued by a registered medical practitioner or registered Chinese medicine practitioner.
(Added
16 of 2006 s. 6
)
(4)
An employer shall forfeit his right to exercise the option under subsection (3)
unless—
(a)
he makes arrangements for a medical examination to take place not more than 14 days after the employer receives a copy of a certificate issued under
section 10(aa)
; and
(b)
he notifies the employee in writing, not less than 48 hours before the examination is to take place, giving him details of the appointment.
(Added
61 of 1993 s. 5
)
(5)
An employee referred to in subsection (3) who, without reasonable excuse, refuses to undergo a medical examination forfeits his right to a long service payment under this Part.
(Added
61 of 1993 s. 5
)
(6)
Where the second opinion obtained by an employer under subsection (3) comes to the opposite conclusion from the certificate issued under
section 10(aa)
, the employer shall submit the certificate and the second opinion to the Commissioner and the Commissioner shall, after such consultation with such medical experts as he considers necessary, rule whether or not the employee is entitled to a long service payment under this Part.
(Added
61 of 1993 s. 5
)