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Employment ordinance a concise guide to the

A Concise Guide to the Employment Ordinance Labour Department CTable of Content Foreword Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Appendix Appendix Application of the Employment Ordinance Contract of Employment Wages Rest Days Holidays and Leave Sickness Allowance Maternity Protection Paternity Leave End of Year Payment Termination of Contract of Employment Employment Protection Severance Payment and Long Service Payment Protection against Anti-union Discrimination Employers ? Criminal Liability in Failing to Pay an Award of the Labour Tribunal or Minor Employment Claims Adjudication Board A Guide to the Calculation of Relevant Statutory Entitlements on the Basis of the -Month Average Wages with Examples Enquiries CForeword This guide sets out in simple terms the main provisions of the Employment Ordinance Cap It should be noted that the Ordinance itself remains the sole authority for the provisions of the law explained Please refer to the Appendix for enquiries services February CChapter Application of the Employment Ordinance The Employment Ordinance applies to all employees with the following exceptions a family member who lives in the same dwelling as the employer an employee as de ?ned in the Contracts for Employment Outside Hong Kong Ordinance a person serving under a crew agreement under the Merchant Shipping Seafarers Ordinance or on board a ship which is not registered in Hong Kong and an apprentice whose contract of apprenticeship has been registered under the Apprenticeship Ordinance other than certain provisions of the Employment Ordinance All employees covered by the Employment Ordinance irrespective of their hours of work are entitled to basic protection under the Ordinance including payment of wages restrictions on wages deductions and the granting of statutory holidays etc Employees who are employed under a continuous contract are further entitled to such bene ?ts as rest days paid annual leave sickness allowance severance payment and long service payment etc Continuous Contract of Employment An employee who has been employed continuously by the same employer for four weeks or more with at least hours worked in each week is regarded as being employed under a continuous contract In any dispute as to whether a contract of employment is a continuous contract the onus of proving that it is not a continuous contract shall be on the employer CChapter Contract of Employment A contract of employment is an agreement on the employment conditions made between an employer and an employee The agreement can be made orally or in writing and it includes both express and implied terms Employers and employees are free to negotiate and agree on the terms and conditions of employment provided that they do not violate the provisions of the Employment Ordinance Any term of an employment contract which purports to extinguish or reduce any right bene ?t or protection conferred upon the employee by this Ordinance shall be void Information on Conditions of Service Before employment begins an employer must inform each employee clearly the conditions of employment under which he is to be employed with regard to