### Employment Ordinance 《僱傭條例》

31W. Calculation of period of employment
(1) For the purposes of this Part, a reference to the period of employment under a continuous contract shall not include a reference to any such employment occurring more than— (Amended 41 of 1990 s. 13)
(a) 6 years prior to 1 January 1986, where the relevant date occurs in 1986;
(b) 7 years prior to 1 January 1986, where the relevant date occurs in 1987;
(c) 8 years prior to 1 January 1986, where the relevant date occurs in 1988; and
(d) 9 years prior to 1 January 1986, where the relevant date occurs in 1989 or any year thereafter.
(1A) Subsection (1) shall cease to have effect on the commencement of the Employment (Amendment) Ordinance 1995 (5 of 1995). (Added 5 of 1995 s. 8)
(2) Notwithstanding subsection (1), for the purposes of this Part, in the case of an employee who was employed under a continuous contract otherwise than by way of manual labour and whose average monthly wages during the period of 12 months immediately preceding the date of commencement of the Employment (Amendment) Ordinance 1990 (41 of 1990) exceed $15,000, a reference to the period of employment under a continuous contract shall not include a reference to any such employment occurring more than—
(a) 3 years prior to 1 January 1990, where the relevant date occurs in 1990;
(b) 4 years prior to 1 January 1990, where the relevant date occurs in 1991;
(c) 5 years prior to 1 January 1990, where the relevant date occurs in 1992;
(d) 6 years prior to 1 January 1990, where the relevant date occurs in 1993;
(e) 7 years prior to 1 January 1990, where the relevant date occurs in 1994;
(f) 8 years prior to 1 January 1990, where the relevant date occurs in 1995;
(g) 9 years prior to 1 January 1990, where the relevant date occurs in 1996;
(h) 10 years prior to 1 January 1990, where the relevant date occurs in 1997 or any year thereafter. (Added 41 of 1990 s. 13)

### Employment Ordinance 《僱傭條例》

31YAA. Gratuity or benefit to be reduced by amount of long service payment in certain cases
(1) If—
(a) because of the operation of the employee’s contract of employment, an employee has become entitled to payment of a gratuity based on length of service, or to payment of a relevant occupational retirement scheme benefit; or 
(b) a relevant mandatory provident fund scheme benefit is being held in a mandatory provident fund scheme in respect of the employee,
and the employee has been paid a long service payment under this Part, the gratuity or benefit is, to the extent that it is attributable to the same years of service as those for which the long service payment is payable, to be reduced by the whole of the long service payment.
(2) Subsection (1) has effect even though the years of service for which the long service payment was made exceed those to which the gratuity or benefit is attributable.
(3) Section 70A of the Occupational Retirement Schemes Ordinance (Cap. 426) and section 12A of the Mandatory Provident Fund Schemes Ordinance (Cap. 485) have effect in relation to this section.
(Replaced 4 of 1998 s. 5)

### Employment Ordinance 《僱傭條例》

31Z. 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

31ZA. Associated companies
(1) Where the employer is a company, any reference in this Part to re-engagement by the employer shall be construed as a reference to re-engagement by that company or by any associated company.
(2) Subsection (1) shall not affect the operation of section 31Z in a case where the previous owner and the new owner (as defined by that section) are associated companies; and where that section applies, subsection (1) shall not apply.
(3) Where an employee of a company is taken into the employment of another company which, at the time when he is taken into its employment, is an associated company of the first-mentioned company, his period of employment at that time shall count as a period of employment with the associated company, and the change of employer shall not break the continuity of the period of employment.
(4) 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 (相聯公司) shall be construed accordingly.
(5) 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)

31ZB. Implied or constructive termination of contract
Where in accordance with any enactment or rule of law—
(a) any act on the part of the employer; or
(b) any event affecting an employer (including, in the case of an individual, his death),
operates so as to terminate a contract under which an employee is employed by him, that act or event shall for the purposes of this Part be treated as a termination of the contract by the employer, if apart from this section it would not constitute a termination of the contract by him.

31ZC. Death of employer
The Sixth Schedule shall have effect in relation to the death of an employer.
(Replaced 52 of 1988 s. 11)