| To provide for the protection of the wages of employees, to regulate general conditions of employment and employment agencies, and for matters connected therewith. (Amended 5 of 1970 s. 2) [27 September 1968] (Originally 38 of 1968) Cap 57 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Employment Ordinance. Cap 57 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 48 of 1984 s. 2) "alternative holiday" (另定假日) means a holiday granted or to be granted under section 39(2) and (2A); (Added 39 of 1973 s. 2. Amended 137 of 1997 s. 2) "annual leave" (年假) means the annual leave provided for in Part VIIIA; (Added 53 of 1977 s. 2) "annual leave pay" (年假薪酬) means the annual leave pay required by this Ordinance to be paid in respect of a period of annual leave and any sum required to be paid under section 41D; (Added 53 of 1977 s. 2) "business" (业务) includes a trade or profession and any like activity carried on by a person; (Added 76 of 1985 s. 2) "cease" (停止), in relation to Part VA, Part VB, the Third Schedule and the Sixth Schedule, means cease either permanently or temporarily and from whatsoever cause, and "diminish" (缩减) has a corresponding meaning; (Added 76 of 1985 s. 2) "child" (儿童) means a person under the age of 15 years; (Replaced 41 of 1990 s. 2) "Commissioner" (处长) means the Commissioner for Labour and includes a Deputy Commissioner for Labour and an Assistant Commissioner for Labour; (Amended L.N. 142 of 1974; 61 of 1993 s. 2) "confinement" (分娩) means the delivery of a child; (Added 5 of 1970 s. 3) "contract of employment" (雇佣合约) means any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another and that other agrees to serve his employer as an employee and also a contract of apprenticeship; "dangerous drug" (危险药物) has the meaning assigned to it in the Dangerous Drugs Ordinance (Cap 134); "Director" (署长) means the Director of Health; (Added 39 of 1973 s. 2. Amended L.N. 76 of 1989) "domestic servant" (家庭佣工) includes a garden servant, chauffeur and boat-boy and any other personal servant of a like class; (Added 76 of 1985 s. 2) "employee" (雇员) means an employee to whom, by virtue of section 4, this Ordinance applies; "employer" (雇主) means any person who has entered into a contract of employment to employ any other person as an employee and the duly authorized agent, manager or factor of such first mentioned person; "holiday" (假日) means- (a) a statutory holiday; (b) an alternative holiday; (c) a substituted holiday; or (d) a day on which an employee is required by section 39(4) to be granted a holiday; (Added 39 of 1973 s. 2. Amended 137 of 1997 s. 2)"holiday pay" (假日薪酬) means the holiday pay provided for by section 40; (Added 39 of 1973 s. 2) "issue" (后嗣) means a child whether under the age of majority or not of a deceased employee and- (a) includes a step-child; (b) includes a child adopted by the employee, but does not include a child of the employee adopted by another person; (c) does not include an illegitimate child; and (d) where polygamy lawfully subsists, does not include a child who is not an adopted child of the employee unless his mother was, at the time of his birth, the employee's principal wife- (i) in case the relevant marriage or, where appropriate, each such marriage constitutes a customary marriage for the purposes of the Marriage Reform Ordinance (Cap 178), according to Chinese law and custom; or (ii) in any other case, according to the law which, as regards the relevant marriage or marriages, was the proper personal law of the employee; (Added 52 of 1988 s. 2)"Labour Tribunal" (劳资裁处) means the Labour Tribunal established by section 3 of the Labour Tribunal Ordinance (Cap 25); (Added 76 of 1985 s. 2) "lock-out" (闭厂) has the meaning assigned to it by section 2 of the Trade Unions Ordinance (Cap 332); (Added 76 of 1985 s. 2) "long service payment" (长期服务金) means the long service payment payable by an employer to an employee under section 31R or to a person entitled to such payment under section 31RA; (Added 76 of 1985 s. 2. Amended 41 of 1990 s. 2) "mandatory provident fund scheme" (强制性公积金计划) means a provident fund scheme registered under the Mandatory Provident Fund Schemes Ordinance (Cap 485); (Added 4 of 1998 s. 5) "maternity leave" (产假) means absence from work, in accordance with the provisions of Part III, by a female employee because of her pregnancy or confinement; (Added 5 of 1970 s. 3) "maternity leave pay" (产假薪酬) means pay in respect of maternity leave payable to a female employee under section 14; (Added 22 of 1981 s. 2) "Minor Employment Claims Adjudication Board" (小额薪酬索偿仲裁处) means the Minor Employment Claims Adjudication Board established by section 3 of the Minor Employment Claims Adjudication Board Ordinance (Cap 453); (Added 61 of 1994 s. 49) |
