Page:Employment Ordinance 1968 (Cap. 57).pdf/16

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1. (a) The provisions of this Schedule are to ascertain whether or not any contract of employment is a “continuous contract” for the purposes of Part II.
 * (b) In the case of a contract of employment existing at the commencement of this Ordinance, such period of employment next preceding the date of commencement of the Ordinance as may be necessary shall be taken into account in order to ascertain whether or not the contract of employment is a continuous contract.

2. Subject to the following provisions, where at any time an employee has been employed under a contract of employment during the period of four or more weeks next preceding such time he shall be deemed to have been in continuous employment during that period.

3. (1) For the purposes of paragraph 2, no week shall count unless the employee has worked on three days or more in that week, and in determining whether he has worked on any day the provisions of sub- paragraph (2) shall apply.

(2) If on any day the employee is, for the whole or part of the day—
 * (a) incapable of work in consequence of sickness or injury; provided that any such incapability in excess of forty-eight hours is supported by a certificate issued by a registered medical practitioner; or
 * (b) absent from work in circumstances such that, by law, mutual arrangement or the custom of the trade, business or undertaking, he is regarded as continuing in the employment of his employer for any purpose,

then, save as provided in paragraph 4, that day shall count as a day on which he has worked.

4. Where an employee is absent from work for the whole or part of any day—
 * (a) because of a strike (which is not illegal) in which he takes part; or
 * (b) because of a lock-out by his employer,

that day shall not count as a day on which he has worked, but the continuity of his period of employment shall not be treated as broken by any such absence.

5. If a trade, business or undertaking is transferred from one person to another, the period of employment of an employee in the trade, business or undertaking at the time of the transfer shall count as a period of employment with the transferee, and the transfer shall not break the continuity of the period of employment.

6. For the purposes of this Schedule—
 * (a) any reference to days on which an employee has worked shall mean days on which he has worked for his employer whether or not the days were worked under the same or another contract