Employment Ordinance

(1)
A specified provision applies to a claim by an employee for remedies under Part VIA if the material date for the employee falls on or after the specified date for the specified provision.
(2)
Subsection (1) applies regardless of whether or not the employee’s contract of employment was entered into before that specified date.
(3)
A former provision applies to a claim by an employee for remedies under Part VIA if the material date for the employee falls before the specified date for the former provision.
(4)
Subsection (3) applies regardless of whether or not proceedings in respect of the claim have begun before that specified date.
(5)
In this
section—
former provision
(
原有條文
) means
section 32J
,
32N
,
32O
,
43N
,
43P
or
43R
, or any part of the section, as was in force immediately before it was amended by the Employment (Amendment) (No. 2) Ordinance 2018 (
21 of 2018
);
material date
(
關鍵日期
) means—
(a)
in relation to an employee dismissed in any of the circumstances mentioned in
section 32A(1
)(
a)
or (c
)—
(i)
if the employer has notified the employee of the dismissal before it took effect—the date on which the employee was notified; or
(ii)
in any other case—the date on which the dismissal took effect; or
(b)
in relation to an employee the terms of whose contract of employment have been varied in the circumstances mentioned in
section 32A(1
)(
b)
—
(i)
if the employer has notified the employee of the variation before it took effect—the date on which the employee was notified; or
(ii)
in any other case—the date on which the variation took effect;
specified date
(
指明日期
)—
(a)
in relation to a former provision, means the commencement date
*
of the provision of the Employment (Amendment) (No. 2) Ordinance 2018 (
21 of 2018
)
that—
(i)
repeals the former provision; or
(ii)
amends the former provision to become a specified provision; or
(b)
in relation to a specified provision, means the commencement date
*
of the provision of that Ordinance
that—
(i)
adds the specified provision; or
(ii)
amends a former provision to become the specified provision;
specified provision
(
指明條文
) means
section 32J
,
32N
,
32NA
,
32NB
,
32O
,
32PA
,
32PB
,
32PC
,
43N
,
43P
or
43R
, or any part of the section.