### Employment Ordinance 《僱傭條例》

32PA. Alternative compliance with order for re-engagement
(1) For the purposes of this section—
(a) order for re-engagement (再次聘用的命令) means an order for re-engagement made under section 32N and includes such an order as varied under this section or section 32PC;
(b) successor (繼承人), in relation to an employer who employed an employee for the purposes of an undertaking or part of an undertaking, means (subject to paragraph (c)) a person who, in consequence of a change in the ownership of that undertaking or part (whether the change occurred by virtue of a sale or other disposition or by operation of law), has become the owner of that undertaking or part;
(c) the definition of successor

### Employment Ordinance 《僱傭條例》

32PC. Relief from paying sum mentioned in section 32NA(1)(b)
(1) This section applies if an order for reinstatement or re-engagement is made under section 32N in respect of an employee dismissed in any of the circumstances mentioned in section 32A(1)(c), whether or not the order is varied under this section or section 32PA (which order (as so varied, if applicable) is referred to in this section as the principal order).
(2) The employer against whom the principal order is made may apply for it to be varied to the effect that the employer is relieved from the liability to pay the sum mentioned in section 32NA(1)(b).
(3) An application under subsection (2) may only be made on the ground that it is no longer reasonably practicable for the employer to reinstate or re-engage the employee in accordance with the principal order—
(a) because of reasons attributable to the employee; or
(b) because, since the court or Labour Tribunal last found that reinstatement or re-engagement of the employee is reasonably practicable, a change of circumstances has occurred beyond the employer’s control.
(4) The application may only be made to the court, or the Labour Tribunal, that made the principal order.
(5) The application may only be made—
(a) not later than 7 days after the date by which the employee must be reinstated or re-engaged under the principal order; or
(b) within such extended time as may be allowed by the court or Labour Tribunal.
(6) Before determining the application, the court or Labour Tribunal must give an opportunity to the employer and the employee to present each of their cases in respect of the application.
(7) In determining the application, the court or Labour Tribunal may take into account any relevant considerations.
(8) The court or Labour Tribunal may—
(a) refuse the application;
(b) order that the principal order be varied to the effect that the employer be relieved, wholly or partly, from the liability to pay the sum mentioned in section 32NA(1)(b); or
(c) make any order that it considers just and appropriate in the circumstances, including specifying a later date as the date by which the employee must be reinstated or re-engaged.
(Added 21 of 2018 s. 8)

### Employment Ordinance 《僱傭條例》

32Q. Exclusion
This Part shall not apply to acts of—
(a) sex discrimination within the meaning of the Sex Discrimination Ordinance (Cap. 480);
(b) discrimination against persons on the ground of their or their associates’ disability within the meaning of the Disability Discrimination Ordinance (Cap. 487); (Amended 7 of 2001 s. 7)
(c) discrimination against persons on the ground of family status within the meaning of the Family Status Discrimination Ordinance (Cap. 527); or (Added 7 of 2001 s. 7. Amended 29 of 2008 s. 87)
(d) discrimination against a person on the ground of the race of the person or his or her near relative within the meaning of the Race Discrimination Ordinance (Cap. 602). (Added 29 of 2008 s. 87)

### Employment Ordinance 《僱傭條例》

36. Time for payment of sickness allowance
(1) Except in the case of an employee who is normally paid his wages daily, sickness allowance shall be paid to the employee or his duly appointed agent in the manner and at the place specified in section 26 not later than the day on which the employee is next paid his wages.
(2) In the case of an employee who is normally paid his wages daily, sickness allowance shall be paid to him or his duly appointed agent in the manner and at the place specified in section 26 at least once in every 7 days.
(3) Where a contract of employment of an employee is terminated, sickness allowance payable under section 33(4C) shall be paid to that employee in accordance with subsection (1) or (2) whichever is applicable to the employee as if the contract of employment had not been terminated. (Added 48 of 1984 s. 16)

### Employment Ordinance 《僱傭條例》

38. Records to be produced to Commissioner
For the purposes of section 37, the Commissioner may, either by notice in writing served by registered post or by notice in the Gazette, require any employer or class of employers to send to him all or any records of sickness days in respect of any period not exceeding 2 years preceding the date of the notice.

### Employment Ordinance 《僱傭條例》

40. Payment of holiday pay
Subject to section 12(11), an employee who has been employed by his employer under a continuous contract for a period of 3 months immediately preceding a statutory holiday shall, not later than the day on which the employee is next paid his wages after that holiday, be paid by his employer holiday pay at the rate specified in section 41, whether the employee takes a holiday on the statutory holiday or on an alternative or substituted holiday or a holiday under section 39(4).
(Amended 53 of 1976 s. 3; 71 of 1976 s. 6; 48 of 1984 s. 17)

40A. Restriction on pay in lieu of holiday
(1) Subject to subsection (2), no payment of holiday pay payable under section 40, or other sum, shall be made in lieu of the grant of a holiday.
(2) Notwithstanding subsection (1), where a contract of employment of an employee is terminated, holiday pay in respect of a holiday granted as an alternative holiday or substituted holiday under section 39(2), (2A) or (3) prior to the termination of the contract of employment but falling after such termination shall be paid to that employee as soon as is practicable but in any case not later than 7 days after the day of termination; and such holiday pay shall be calculated in accordance with section 41 as if the contract of employment had not been terminated. (Amended 137 of 1997 s. 4; 7 of 2007 s. 11)
(Added 48 of 1984 s. 18)