Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.41D

Payment of annual leave pay on cesser of employment

(1)
Where—
(a)
an employee ceases to be employed; and
(b)
annual leave is due to him,
the person by whom he was formerly employed shall, as soon as practicable and in any case not later than 7 days after such cesser, pay to him in respect of the annual leave compensation equal in amount to the annual leave pay he would have received had the leave so due been granted immediately after such cesser.
(2)
Where—
(a)
an employee ceases to be employed;
(b)
the cesser occurs otherwise than on the expiration of a leave year of the employee;
(c)
his contract of employment terminates or is terminated otherwise than under
section 9
for any reason whatsoever (including his resignation); and
(d)
the termination occurs at least 3 months after the appropriate day,
he shall, as soon as practicable and in any case not later than 7 days after the termination, be paid by the person by whom he was formerly employed, in addition to any sum due under subsection (1), a sum equal in amount to that which bears to the notional leave pay the same proportion as the number of days in the final employment period bears to 365.