Employment Ordinance

(1)
In this
Part—
award
(
判令
) includes an order;
registrar
(
主任
), in relation to a tribunal, means the Registrar of the Labour Tribunal or the Registrar of the Minor Employment Claims Adjudication Board (as the case may be);
specified entitlement
(
指明權利
)
means—
(a)
any wages or any other sum payable under
section 23
,
24
or
25
, or interest payable under
section 25A
on the wages or sum;
(b)
any end of year payment payable under Part IIA;
(c)
any maternity leave pay or sum payable under Part III;
(ca)
any paternity leave pay payable under Part IIIA;
(Added
21 of 2014 s. 15
)
(d)
any severance payment payable under Part VA;
(e)
any long service payment payable under Part VB;
(f)
any sickness allowance or sum payable under Part VII;
(g)
any holiday pay payable under Part VIII;
(h)
any annual leave pay payable under Part VIIIA;
(i)
any sum payable in respect of rest days, maternity leave, paternity leave, holiday or annual leave which the employer is required under this Ordinance to grant to an employee but fails to grant, to the extent that the sum is not covered by paragraph (a), (b), (c), (ca), (d), (e), (f), (g) or (h);
(Amended
21 of 2014 s. 15
)
(j)
any terminal payments payable under
section 32O
to the extent
that—
(i)
the terminal payments are entitlements referred to in paragraph (a), (b), (c), (ca), (d), (e), (f), (g), (h) or (i) to which an employee is entitled upon the termination of the employee’s contract of employment or, by virtue of
section 32O(5)
, as a consequence of the unreasonable variation of the terms of that contract; or
(Amended
21 of 2014 s. 15
)
(ii)
the award of those terminal payments is made by virtue of
section 32M(2)
;
(Amended
21 of 2018 s. 9
)
(k)
any compensation payable under
section 32P
; or
(Amended
21 of 2018 s. 9
)
(l)
any of the following sums payable under an order for reinstatement or
re-
engagement made under
section 32N
(as varied under
section 32PA
or
32PC
, if applicable)—
(i)
the sum mentioned in
section 32NA(1
)(
a
)(
i)
, to the extent that the sum would have been awarded as entitlements falling within paragraph (j) if neither an order for reinstatement nor an order for re-engagement had been made;
(ii)
the sum mentioned in
section 32NA(1
)(
a
)(
ii)
;
(iii)
the sum mentioned in
section 32NA(1
)(
b)
;
(Added
21 of 2018 s. 9
)
tribunal
(
審裁處
) means the Labour Tribunal or Minor Employment Claims Adjudication Board.
(2)
A reference in this Part to an award of a tribunal
includes—
(a)
a settlement treated as an award of the Labour Tribunal under
section 15(9)
of the Labour Tribunal Ordinance (
Cap. 25
); and
(b)
a settlement treated as an award of the Minor Employment Claims Adjudication Board under
section 14(4)
of the Minor Employment Claims Adjudication Board Ordinance (
Cap. 453
).
(3)
A reference in this Part to the date of an award means, in relation to a settlement referred to in subsection (2
)—
(a)
the date of filing of the settlement in the Labour Tribunal under
section 15(8)
of the Labour Tribunal Ordinance (
Cap. 25
); or
(b)
the date of filing of the settlement with the Registrar of the Minor Employment Claims Adjudication Board under
section 14(3)
of the Minor Employment Claims Adjudication Board Ordinance (
Cap. 453
).