Full legislation
s.31ZEA
Application of Parts VA and VB to certain employees
(1)
Parts VA and VB have effect in relation to an employee engaged under a
continuous contract of employment subject to subsections (2) and (3), and any
enactments are to be construed accordingly.
(2)
Parts VA and VB have effect in relation to such an employee with the
modifications set out in
Schedule 11
if—
(a)
the employee’s employment under the continuous contract commenced before
the transition date;
(b)
the relevant date for the termination of the employment falls on or after
the transition date; and
(c)
either or both of the following conditions are met in relation to the
employee—
(i)
contributions are payable by the employer to an occupational retirement
scheme because of the operation of that contract;
(ii)
contributions are payable by the employer to a mandatory provident fund
scheme under the Mandatory Provident Fund Schemes Ordinance (
Cap. 485
).
(3)
If the relevant date for the termination of the employee’s employment under the
continuous contract precedes the transition date, then Parts VA and VB as in force
immediately before the transition date continue to have effect in relation to the
employee as if the amendments to this Ordinance made by the Employment and
Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Ordinance 2022
(
4 of 2022
) had not been made.