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    Marizarina Ordoño

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    Marizarina Ordoño
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    Uploaded by

    Marizarina Ordoño

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    Chapter 1: Application of the Employment Ordinance

    The Employment Ordinance applies to all employees with the following


    exceptions:

    1. a family member who lives in the same dwelling as the employer;


    2. an employee as defined in the Contracts for Employment Outside
    Hong Kong Ordinance;
    3. a person serving under a crew agreement under the Merchant
    Shipping (Seafarers) Ordinance, or on board a ship which is not
    registered in Hong Kong; and
    4. an apprentice whose contract of apprenticeship has been registered
    under the Apprenticeship Ordinance, other than certain provisions
    of the Employment Ordinance.

    All employees covered by the Employment Ordinance, irrespective of their


    hours of work, are entitled to basic protection under the Ordinance
    including payment of wages, restrictions on wages deductions and the
    granting of statutory holidays, etc.

    Employees who are employed under a continuous contract are further


    entitled to such benefits as rest days, paid annual leave, sickness
    allowance, severance payment and long service payment, etc.

    Continuous Contract of Employment


    An employee who has been employed continuously by the same employer
    for four weeks or more, with at least 18 hours worked in each week is
    regarded as being employed under a continuous contract.
    In any dispute as to whether a contract of employment is a continuous
    contract, the onus of proving that it is not a continuous contract shall be on
    the employer.

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