Employment Ordinance

(1)
This section applies
if—
(a)
an order of variation is made under
section 32PA
to the effect that engagement of the employee by the alternative employer is to be treated as re-engagement by the original employer in compliance with the principal order; and
(b)
the alternative employer engages the employee on or before the date by which the employee must be re-engaged, as specified in the order of variation,
and an expression in this section that also appears in
section 32PA
has the same meaning as it has in that section.
(2)
The terms on which the alternative employer is to engage the employee, as specified under
section 32PA(7
)(
a)
in the order of variation, form part of the employee’s contract of employment with the alternative employer.
(3)
The following applies for reckoning the employee’s existing and future entitlements under this Ordinance and the employee’s contract of employment with the alternative
employer—
(a)
the employee’s period of employment with the original employer is to be counted as a period of employment of the employee with the alternative employer; and
(b)
the continuity of the employee’s period of
employment—
(i)
is not to be treated as broken by the change of employer from the original employer to the alternative employer; and
(ii)
is not to be treated as broken
by—
(A)
if the employee’s contract of employment with the original employer was terminated by the original employer by payment in lieu of notice—the employee’s absence from work between the last date on which the employee rendered services to the original employer and the date of engagement of the employee by the alternative employer; or
(B)
in any other case—the employee’s absence from work between the relevant date and the date of engagement of the employee by the alternative employer.
(4)
In subsection
(3
)(
a)
, a reference to the employee’s period of employment with the original employer is a reference to the period of employment of the employee with the original employer that, had the original employer re-engaged the employee in accordance with the principal order, would have been counted for reckoning the employee’s existing and future entitlements under this Ordinance and the employee’s contract of employment with the original employer.
(5)
The engagement of the employee by the alternative employer is treated as re-engagement by the original employer in compliance with the principal order.
(6)
Any amount specified under
section 32N(7)
in the principal order as payable by the employer to the employee remains payable by the original employer to the employee. Any amount specified under that section in that order as required to be restored by the employee to the employer remains required to be restored by the employee to the original employer.
(7)
For calculating an amount specified in the principal order under
section 32N(7)
, references in the principal order to re-engagement and to the date of re-engagement are respectively treated as references to the engagement of the employee by the alternative employer and to the date of the engagement.