Cap. 57activeordinance

Employment Ordinance

僱傭條例

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.