(a) 就第31R或31RA條而言,在決定該僱員是否曾根據連續性合約受僱 滿必要服務年數,由僱主死亡之日起至續約或再次聘用生效之日止的一段 相隔期間,須計作為受僱於已故僱主的遺產代理人的僱傭期(假若無本段 的規定,該段相隔期間就該目的而言不得計作為上述僱傭期);及
(a) in determining, for the purposes of section 31R or 31RA, whether he has been employed under a continuous contract for the requisite number of years of service, the interval between the death and the date on which the renewal or re-engagement takes effect shall count as a period of employment with the personal representative of the deceased employer, if apart from this paragraph it would not count for that purpose as such a period of employment; and
(b) 在計算第31R或31RA條所指明的服務年數時,僱員僱傭期的連續性 不得視為被在該段相隔期間內任何一個星期所打斷。
(b) in computing the number of years of service specified in section 31R or 31RA, the continuity of the employee's period of employment shall be treated as not being broken by any week which falls within that interval.
5. 為按照第31RB條使本條例第VB部適用於受僱為家庭傭工,在私人住 戶工作或其受僱的工作是與私人住戶有關的僱員,本附表內凡提述遺產代 理人時,均解釋為包括提述任何因已故僱主的死亡而獲轉移該住戶管理權 的人;但依據出售或為有值代價的其他產權處置而獲轉移管理權者除外。
For the purposes of the application, in accordance with section 31RB, of Part VB of this Ordinance in relation to an employee who was employed as a domestic servant in, or in connection with, a private household, any reference to a personal representative in this Schedule shall be construed as including a reference to any person to whom, otherwise than in pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer.
(a) 本條例第VB部內凡提述僱主所作事情或所作與僱主有關的事情時 ,均須解釋為包括提述該已故僱主任何遺產代理人所作事情或所作與該遺 產代理人有關的事情;及
(a) any reference in Part VB of this Ordinance to the doing of anything by, or in relation to, an employer shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employer; and
7. 憑藉經由本附表加以修改的本條例第VB部,凡已故僱主的遺產代理 人有法律責任付給長期服務金或部分長期服務金,而該法律責任並非於僱 主死亡前產生,則就各方面而言,該法律責任須視為猶如是已故僱主的法 律責任一樣,而該法律責任在緊接他死亡前產生。
Where by virtue of Part VB of this Ordinance, as modified by this Schedule, a personal representative of the deceased employer is liable to pay a long service payment, or part of a long service payment, and that liability had not accrued before the death of the deceased employer, it shall be treated for all purposes as if it were a liability of the deceased employer which had accrued immediately before his death.
1. 如僱主於其僱員在僱傭保障上的訴訟權根據本條例第VIA部產生後 但在有關申索獲判定前死亡,則僱員可就有關申索對已故僱主的遺產代理 人進行訴訟。
If an employer dies after his employee's right of action has arisen under Part VIA of this Ordinance on employment protection but before the adjudication of the claim, the claim shall be actionable by the employee against the personal representative of the deceased employer.
2. 就僱主死亡而言,凡在第32B或32C條中提述由僱主續訂合約或再次 聘用,須解釋為包括提述由已故僱主的任何遺產代理人續訂合約或再次聘 用;而提述由僱主所作的要約,須解釋為包括提述由已故僱主的任何遺產 代理人所作的要約。
In relation to the death of an employer, a reference to renewal or re-engagement by the employer in section 32B or 32C shall be construed as including a reference to renewal or re- engagement by any personal representative of the deceased employer, and a reference to an offer made by the employer shall be construed as including a reference to an offer made by any personal representative of the deceased employer.
3. 如僱員於其在僱傭保障上的訴訟權根據本條例第VIA部產生後但在 有關申索獲判定前死亡,則已故僱員的遺產代理人可就有關申索進行訴訟 。
If an employee dies after his right of action has arisen under Part VIA of this Ordinance on employment protection but before the adjudication of the claim, the claim shall be actionable by a personal representative of the deceased employee.
4. 凡僱主已給予僱員通知,終止其僱傭合約,而該僱員在該通知期限 屆滿前死亡,則本條例第VIA部關於僱傭保障的條文須適用,猶如該僱主 己藉在該僱員死亡當日屆滿的通知終止該合約一樣。
Where an employer has given notice to an employee to terminate his contract of employment and before that notice expires the employee dies, Part VIA of this Ordinance on employment protection shall apply as if the contract had been terminated by the employer by notice expiring on the date of the employee's death.
(a) 該僱員在未曾接受或拒絕該項要約前已死亡;及
(a) the employee dies without having either accepted or refused that offer; and
(b) 在該僱員死亡前,其僱主未有撤回該項要約,
(b) the offer has not been withdrawn by the employer before the death of the employee,
則第32C(1)或(2)條(視屬何情況而定)須適用,猶如在該兩款內“該僱 員如不合理地拒絕該項要約”的字句,已由“該僱員如拒絕該項要約本應 屬不合理”的字句取代一樣。
section 32C(1) or (2), as the case may be, shall apply as if, for the words ""the employee has unreasonably refused"", there were substituted the words ""it would have been unreasonable on the part of the employee to refuse"".
“(b) 僱員如根據該合約受僱,所服務年數在有關日期終止時不少於 所指明者,即附表5對照表內與第1欄內該僱員在該有關日期的年齡相對列 於第2欄內的年數;”
""(b) the employee has been employed under that contract for not less than the number of years of service, ending at the relevant date, specified in column 2 of the table in the Fifth Schedule opposite his age at the relevant date specified in column 1 of that table;""
註2:附表5已自1998年6月27日起廢除。緊接1998年6月27日前的附表5 內容如下─
Note 2: The Fifth Schedule has been repealed since 27 June 1998.
The Fifth Schedule as it reads immediately before 27 June 1998 reads as follows-
本規例可引稱為《職業介紹所規例》。
These regulations may be cited as the Employment Agency Regulations.
(1) 根據本條例第52條提出的發牌或牌照續期申請─
(1) An application for the issue or renewal of a licence under section 52 of the Ordinance shall-
(a) 須按處長決定的格式以書面提出;
(a) be in writing in such form as the Commissioner may determine;
(ii) 職業介紹所的營業地點或擬營業地點;
(ii) the place, or intended place, of business of the employment agency;
(iii) 經處長要求而向其提供的有關申請人及職業介紹所的其他詳情 ;及
(iii) such other particulars of the applicant and the employment agency as the Commissioner may require to be furnished to him; and
(c) 須在處長決定的地點及辦公時間內呈交處長。
(c) be submitted to the Commissioner at such place and during such business hours as the Commissioner may determine.
(2) 有關發牌的申請書,須連同申請人的兩幀相同近照,在該申請人 擬開始營業的最少一個月前呈交處長。
(2) An application for the issue of a licence shall be submitted to the Commissioner, together with two recent identical photographs of the applicant, not later than one month before the applicant intends to commence business.
(3) 有關牌照續期的申請書,須在牌照有效期屆滿的最少兩個月前呈 交處長。
(3) An application for the renewal of a licence shall be submitted to the Commissioner not later than two months before the expiration thereof.
(1) 根據本條例第52條發出或續期的牌照,須繳付附表5指明的費用。 (1992年第379號法律公告)
(1) The fees specified in the Fifth Schedule shall be payable in respect of a licence issued or renewed under section 52 of the Ordinance.
(2) 根據第(1)款已付費用的牌照如遭處長撤銷,政府亦無須將該費用 退回。 (1992年第379號法律公告)
(2) No refund of a fee paid under paragraph (1) shall be made by the Government if the licence in respect of which it is paid is revoked by the Commissioner.