### Employment Ordinance 《僱傭條例》

31RA. Death of employee
(1) Where an employee dies and he had been at the time of his death employed under a continuous contract for not less than 5 years of service on the date of his death, the employer shall, subject to this Part and Part VC, pay a long service payment calculated in accordance with section 31V(1) to— (Amended 105 of 1991 s. 3; 74 of 1997 s. 11)
(a) the spouse of the employee, if the employee leaves a spouse; or
(b) the issue of the employee, if the employee leaves any issue but no spouse; or
(c) a parent of the employee, if the employee leaves neither a spouse nor issue; or
(d) the personal representative of the employee, if the employee does not leave any spouse, issue or parent.
(1A) (Repealed 74 of 1997 s. 11)(2) A person referred to in paragraph (a), (b), (c) or (d) of subsection (1) shall not be entitled to such payment unless—
(a) that person serves an application in the form specified by the Commissioner under section 49 on the relevant employer within the period of 30 days beginning on the day next following the date of death of the employee or within such extended period as the Commissioner may allow; and
(b) the applicant’s relationship (being a relationship mentioned in paragraph (a), (b), (c) or (d) of subsection (1)) to the deceased employee is supported by documentary evidence.
(3) The Commissioner may extend the time for serving an application under subsection (2) although the application for extension is not made until after the expiration of the period of 30 days after the date of death of an employee.
(4) Where a person referred to in paragraph (a) or (b) of subsection (1) is a minor, the application under subsection (2) shall be made by the guardian of that person.
(5) Where a person is entitled to a long service payment under this section, the employer shall pay such person the long service payment to which he is entitled—
(a) where the person so entitled is a spouse, not later than 7 days after the receipt of the application; or
(b) where the person so entitled is not a spouse, not earlier than the day (hereinafter in this paragraph called the said day

31RB. Application to domestic servants
This Part (except section 31Z) shall apply to an employee who is employed as a domestic servant in, or in connection with, a private household as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.
(Added 52 of 1988 s. 6)

### Employment Ordinance 《僱傭條例》

31T. Dismissal by employer
(1) For the purposes of and subject to this Part, an employee 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 thereof other 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. (Replaced 62 of 1992 s. 9)
(2) An employee shall not be taken for the purposes of this Part 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.
(3) For the purposes of the application of subsection (2) 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.

31U. Excluded classes of employees
Sections 31R and 31RA shall not apply— (Amended 52 of 1988 s. 7)
(a) where the employer is the husband or wife of the employee;
(b) to any outworker;
(c) to any person, employed by a government other than the Hong Kong Government, who is a subject or citizen of the state under whose government he is employed; or
(d) without prejudice to paragraph (a), to any person in respect of employment as a domestic servant in, or in connection with, a private household, where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of the employee.

### Employment Ordinance 《僱傭條例》

31V. Amount of long service payment
(1) Subject to this Part, the amount of a long service payment payable under section 31R(1) or 31RA(1) shall be calculated by allowing— (Amended 105 of 1991 s. 4)
(a) in the case of a monthly rated employee, two-thirds of his last full month’s wages, or two-thirds of $22,500, whichever is less; and
(b) in any other case, 18 days’ wages based on any 18 days chosen by the employee and occurring during his last 30 normal working days, or two-thirds of $22,500, whichever is less, (Amended L.N. 264 of 1995)
for every year (and pro rata as respects an incomplete year) of employment under a continuous contract by his employer subject in all cases to a maximum payment not exceeding, where the relevant date occurs in a period specified in column 1 of Table A in the Seventh Schedule, the amount specified in column 2 of that table opposite to the period. (Replaced 41 of 1990 s. 12. Amended 5 of 1995 s. 7)
(1AA) Notwithstanding subsection (1), where—
(a) the relevant date occurs in a period specified in column 1 of Table B in the Seventh Schedule; and
(b) the employee has been employed under a continuous contract by his employer for a period (employment period