### Employment Ordinance 《僱傭條例》

32E. Associated companies
(1) Where the employer is a company, any reference in section 32B, 32C or 32D to renewal or re-engagement by the employer shall be construed as a reference to renewal or re-engagement by that company or by any associated company, and any reference in section 32B, 32C or 32D to an offer made by the employer shall be construed as including a reference to an offer made by an associated company.
(2) Subsection (1) shall not affect the operation of section 32D in a case where the previous owner and the new owner are associated companies; and where that section applies, subsection (1) shall not apply.
(3) For the purposes of this section, 2 companies shall be taken to be associated companies if one is a subsidiary of the other, or both are subsidiaries of a third company, and associated company shall be construed accordingly.
(4) In this section—
company (公司) has the meaning given by section 2(1) of the Companies Ordinance (Cap. 622);
subsidiary (附屬公司) has the meaning given by section 15 of the Companies Ordinance (Cap. 622) for the purposes of that Ordinance. (Replaced 28 of 2012 ss. 912 & 920)

32F. Relevant date
For the purposes of and subject to this Part, relevant date (有關日期)—
(a) in relation to the termination of employment of an employee, has the same meaning as in section 2(1); and
(b) in relation to the employer varying the terms of the contract of employment of an employee, means the date on which that variation takes effect.

32G. Death of employer or employee
For the purposes of this Part, Part I of the Eighth Schedule shall have effect in relation to the death of an employer and Part II of that Schedule shall have effect in relation to the death of an employee.

32I. Claim for remedies
Notwithstanding anything in this Part, an employee shall not be entitled to remedies under this Part unless—
(a) the employee has made a claim for such remedies by notice in writing given to the employer before the end of the period of 3 months beginning with the relevant date, or within such extended period not exceeding 6 months as the Commissioner may permit; or
(b) a question as to the right of the employee to such remedies has been made the subject of a claim filed with the Registrar of the Labour Tribunal in accordance with Part 4 of the Labour Tribunal Ordinance (Cap. 25) before the end of the period of 9 months beginning with the relevant date.
(Amended E.R. 1 of 2013)

### Employment Ordinance 《僱傭條例》

32J. Jurisdiction of Labour Tribunal
(1) Subject to this section, the Labour Tribunal established under the Labour Tribunal Ordinance (Cap. 25) shall have jurisdiction to inquire into, hear and determine a claim made by an employee under this Part in accordance with this Part and with that Ordinance.
(2) The Labour Tribunal does not have jurisdiction to inquire into, hear or determine a claim under this Part if the relevant date in respect of that claim falls more than 9 months before the date on which the claim is filed with the Registrar of the Labour Tribunal, unless the parties to the claim, by a memorandum signed by them and filed with the Registrar, have agreed that the Tribunal shall have jurisdiction. (Amended 21 of 2018 s. 3)
(3) A claim under this Part over which the Labour Tribunal has jurisdiction may be transferred under section 10 of the Labour Tribunal Ordinance (Cap. 25) but may be so transferred only to the Court of First Instance or the District Court. (Replaced 21 of 2018 s. 3)
(4) The Court of First Instance or the District Court may, for a claim so transferred to it, make all or any of the orders and awards provided for under sections 32N, 32O, 32P, 32PA and 32PC. (Added 21 of 2018 s. 3)
(5) Apart from a transfer under subsection (3), neither the Court of First Instance nor the District Court has jurisdiction over a claim under this Part. (Added 21 of 2018 s. 3)

32K. Reasons for the dismissal or the variation of the terms of the contract of employment
For the purposes of this Part, it shall be a valid reason for the employer to show that the dismissal of the employee or the variation of the terms of the contract of employment with the employee was by the reason of—
(a) the conduct of the employee;
(b) the capability or qualifications of the employee for performing work of the kind that the employee was employed by the employer to do; (Amended 5 of 2022 s. 4)
(c) the redundancy of the employee or other genuine operational requirements of the business of the employer;
(d) the fact that the employee or the employer or both of them would, in relation to the employment, be in contravention of the law, if the employee were to continue in the employment of the employer or, were to so continue without that variation of the terms of his contract of employment; or
(e) any other reason of substance, which, in the opinion of the court or the Labour Tribunal, was sufficient cause to warrant the dismissal of the employee or the variation of the terms of that contract of employment.

### Employment Ordinance 《僱傭條例》

32KA. Compliance with Cap. 599 requirement not valid reason for dismissal etc.
(1) This section applies in relation to an employee who is subject to a Cap. 599 requirement, and is dismissed or has the terms of the employee’s contract of employment varied by the employer.
(2) In determining for the purposes of this Part whether the employer has a valid reason for the dismissal of the employee or the variation of the terms of the employee’s contract of employment within the meaning of section 32K, the employee’s absence from work due to the employee’s compliance with the Cap. 599 requirement does not constitute a valid reason for the dismissal or variation.
(Added 5 of 2022 s. 5)

32L. Determination of claim
(1) On a claim for remedies under this Part, in determining whether or not an employer has shown that he has a valid reason for the dismissal of an employee or for the variation of the terms of the contract of employment with an employee within the meaning of section 32K, the court or the Labour Tribunal shall take into consideration the circumstances of the claim.
(2) Without affecting the generality of subsection (1), the circumstances of a claim include the length of time that the employee has been employed under that contract of employment with the employer as compared to the length of qualifying service required for the right, benefit or protection conferred or to be conferred upon the employee by this Ordinance which is capable of being extinguished or reduced by means of the dismissal or the variation of the terms of the contract of employment.