### Employment Ordinance 《僱傭條例》

31ZD. Making of long service payment
(1) A long service payment shall be made in legal tender except that, where the person entitled to the payment so consents, payment may be made— (Amended 52 of 1988 s. 12)
(a) by cheque, money order or postal order;
(b) into an account in his name with any bank within the meaning of section 2 of the Banking Ordinance (Cap. 155); or (Amended 49 of 1995 s. 53)
(c) to his duly appointed agent.
(2) Any employer who without reasonable excuse fails to comply with subsection (1) commits an offence and is liable to a fine at level 3. (Amended 24 of 1988 s. 2; 103 of 1995 s. 11)

31ZE. Written particulars of long service payment
(1) On making any long service payment, the employer shall give to the person entitled to the payment a written statement indicating how the amount of the payment has been calculated. (Amended 52 of 1988 s. 13)
(2) (a) An employer who without reasonable excuse fails to comply with subsection (1) shall be guilty of an offence and shall be liable to a fine at level 3.
(b) An employer who in a statement under subsection (1) includes anything which to his knowledge is false in a material particular, or recklessly includes anything which is false in a material particular shall be guilty of an offence and shall be liable to a fine at level 5. (Replaced 103 of 1995 s. 12)
(3) Without prejudice to any proceedings for an offence under subsection (2)(a), if an employer fails to comply with the requirements of subsection (1), the person entitled to the payment may by notice in writing to the employer require the employer to give to the person entitled to the payment a written statement complying with those requirements within such period (not being less than 1 week beginning with the day on which the notice was given) as may be specified in the notice. (Amended 52 of 1988 s. 13)
(4) If, without reasonable excuse, an employer fails to comply with a notice under subsection (3) he commits an offence and is liable—
(a) in the case of a first conviction, to a fine at level 3; or
(b) in the case of a second or subsequent conviction, to a fine at level 5. (Amended 24 of 1988 s. 2; 103 of 1995 s. 12)

### Employment Ordinance 《僱傭條例》

31ZG. Transitional
The amendment made by section 14 of the Employment (Amendment) (No. 2) Ordinance 1997 (74 of 1997) to section 31ZF shall not affect employees who retired before the commencement* of that amendment; and the provisions of section 31ZF as they read immediately before such commencement shall continue to apply as regards such employees as if it had not been so amended.
(Added 74 of 1997 s. 15) Editorial Note:

* Commencement date: 27 June 1998. 

### Employment Ordinance 《僱傭條例》

32B. Dismissal by employer
(1) For the purposes of section 32A(1)(a) and subject to this Part, where an employee is dismissed because the employer intends to extinguish or reduce his right to a severance payment or to a long service payment, he shall be taken to be dismissed by his employer if, but only if—
(a) the contract under which he is employed is terminated by the employer with or without notice or payment in lieu otherwise than in accordance with section 9;
(b) where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract; or
(c) the employee terminates that contract with or without notice or payment in lieu, in circumstances such that he is entitled to terminate it without notice or payment in lieu in accordance with section 10 by reason of the employer’s conduct.
(2) Subject to subsection (1), an employee shall be taken for the purposes of section 32A(1)(a) and (c) to be dismissed by his employer when the contract under which he is employed is terminated by the employer with or without notice or payment in lieu otherwise than in accordance with section 9.
(3) An employee shall not be taken for the purposes of section 32A(1)(a) to be dismissed by his employer if—
(a) his contract of employment is renewed, or he is re-engaged by the same employer under a new contract of employment; and
(b) the renewal or re-engagement takes effect immediately on the ending of his employment under the previous contract.
(4) For the purposes of the application of subsection (3) to a contract under which the employment ends on a rest day or holiday, the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or before the next day after that rest day or holiday.

### Employment Ordinance 《僱傭條例》

32C. General exclusions from right to remedies
(1) An employee shall not be entitled to remedies under this Part if, not less than 7 days before the relevant date, the employer has offered to renew his contract of employment, or to re-engage him under a new contract so that—
(a) the provisions of the contract as renewed, or of the new contract, as the case may be, would not differ from the corresponding provisions of the contract as in force immediately before the dismissal; and
(b) the renewal or re-engagement would take effect on or before the relevant date,
and the employee has unreasonably refused that offer.
(2) An employee shall not be entitled to remedies under this Part if, not less than 7 days before the relevant date, the employer has made to him an offer in writing to renew his contract of employment, or to re-engage him under a new contract, so that in accordance with the particulars specified in the offer the provisions of the contract as renewed, or of the new contract, as the case may be, would differ, wholly or in part, from the corresponding provisions of the contract as in force immediately before the dismissal, but—
(a) the offer constitutes an offer of suitable employment in relation to the employee;
(b) the offer constitutes an offer of employment no less favourable to the employee than hitherto; and
(c) the renewal or re-engagement would take effect on or before the relevant date,
and the employee has unreasonably refused that offer.
(3) Where the relevant date falls on a rest day or holiday, the references in subsections (1)(b) and (2)(c) to the relevant date shall be construed as references to the next day after that rest day or holiday.
(4) An employee shall not be entitled to remedies under this Part by reason of dismissal where, having been given notice of the termination of his contract of employment by his employer in accordance with section 6, he leaves the service of his employer before the expiration of that notice unless he so leaves—
(a) with the prior consent of the employer; or
(b) after having made a payment in lieu to the employer in accordance with section 7.
(5) Subsections (1) to (3) shall not apply where an employee is dismissed in any of the circumstances mentioned in section 32A(1)(c).

32D. Change of ownership of business
(1) This section shall have effect where—
(a) a change occurs (whether by virtue of a sale or other disposition or by operation of law) in the ownership of a business for the purposes of which a person is employed, or of a part of such a business; and
(b) in connection with that change the person by whom the employee is employed immediately before the change occurs (in this section referred to as the previous owner