### Employment Ordinance 《僱傭條例》

31L. Implied or constructive termination of contract
(1) 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 subsection it would not constitute a termination of the contract by him.
(2) Where subsection (1) applies, and the employee’s contract of employment is not renewed, and he is not re-engaged under a new contract, as mentioned in section 31D(2), he shall for the purposes of this Part be taken to be dismissed by reason of redundancy if the circumstances in which the contract is not renewed and he is not re-engaged as mentioned in section 31D(2), are wholly or mainly attributable to one or other of the facts specified in section 31B(2).
(3) For the purposes of subsection (2), section 31B(2)(a), in so far as it relates to the employer ceasing or intending to cease to carry on the business, shall be construed as if the reference to the employer included a reference to any person to whom, in consequence of the act or event in question, power to dispose of the business has passed.
(4) In this section any reference to section 31D(2) includes a reference to section 31D(2) as applied by section 31J(2).
[cf. 1965 c. 62 s. 22 U.K.]

31M. Death of employer or of employee
Part I of the Third 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.
[cf. 1965 c. 62 s. 23 U.K.]

### Employment Ordinance 《僱傭條例》

31N. Claims for severance payments
Notwithstanding anything in this Part, an employee shall not be entitled to a severance payment unless, before the end of the period of 3 months beginning with the relevant date, or within such extended period as the Commissioner may agree— (Amended 19 of 1984 s. 3)
(a) the payment has been agreed and paid;
(b) the employee has made a claim for payment by notice in writing given to the employer; or
(c) a question as to the right of the employee to the payment, or as to the amount of the payment, has been made the subject of a claim filed with—
(i) the Registrar of the Minor Employment Claims Adjudication Board in accordance with Part 4 of the Minor Employment Claims Adjudication Board Ordinance (Cap. 453); or
(ii) the Registrar of the Labour Tribunal in accordance with Part 4 of the Labour Tribunal Ordinance (Cap. 25). (Amended 61 of 1994 s. 50)
(Amended E.R. 1 of 2013)[cf. 1965 c. 62 s. 21 U.K.]

### Employment Ordinance 《僱傭條例》

31O. Making of severance payment
(1) Where an employee is entitled to a severance payment under this Part, his employer shall make the severance payment to him not later than 2 months from the receipt of a notice in accordance with paragraph (b) of section 31N unless either the employer or the employee has, before the expiration of that period, made the severance payment the subject of a claim filed with—
(a) the Registrar of the Minor Employment Claims Adjudication Board in accordance with Part 4 of the Minor Employment Claims Adjudication Board Ordinance (Cap. 453); or
(b) the Registrar of the Labour Tribunal in accordance with Part 4 of the Labour Tribunal Ordinance (Cap. 25). (Amended 61 of 1994 s. 51)
(1A) (Repealed 9 of 2010 s. 3)(2) A severance payment shall be made in legal tender except that, where the employee so consents, payment may be made—
(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.
(3) (a) An employer who without reasonable excuse fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 5. (Amended 9 of 2010 s. 3)
(b) An employer who without reasonable excuse fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 3. (Replaced 103 of 1995 s. 8)
(Amended E.R. 1 of 2013)

### Employment Ordinance 《僱傭條例》

31P. Written particulars of severance payment
(1) On making any severance payment, otherwise than in pursuance of a decision of the Minor Employment Claims Adjudication Board or Labour Tribunal which specifies the amount of the payment to be made, the employer shall give to the employee a written statement indicating how the amount of the payment has been calculated. (Amended 61 of 1994 s. 52)
(2) (a) An employer who without reasonable excuse fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction 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 on conviction to a fine at level 5. (Replaced 103 of 1995 s. 9)
(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 employee may by notice in writing to the employer require the employer to give to the employee 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.
(4) If, without reasonable excuse, an employer fails to comply with a notice under subsection (3) he shall be guilty of an offence and shall be 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. 9)
[cf. 1965 c. 62 s. 18 U.K.]

31Q. Presumption
For the purposes of this Part an employee who has been dismissed by his employer shall, unless the contrary is proved, be presumed to have been so dismissed by reason of redundancy.
[cf. 1965 c. 62 s. 9(2) U.K.]