The following is extracted from Website of Labour Department
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Chapter 10: Severance Payment and Long Service Payment
Eligibility for Severance Payment and Long Service Payment
An employee is eligible to ….. or long service payment subject to the following conditions :
The employee is dismissed but :
- he is not summarily dismissed due to his serious misconduct
- his dismissal is not by reason of redundancy
Employment contract of a fixed term expires without being renewed *
The employee dies
The employee resigns on ground of ill health
The employee, aged 65 or above, resigns on ground of old age
* If not less than 7 days before the date of dismissal/ expiry of the fixed term contract in case of severance payment, and 7 days before the expiry of the fixed term contract in case of long service payment, the employer has offered in writing to renew the contract of employment or re-engage him under a new contract but the employee has unreasonably refused the offer, the employee is not eligible for the entitlements.
Q: 是否工人自己辭職, 就不用俾長期服務金?
A: Yes, it is. First of all, the domestic helper must continue working for one employer for over 5 years. For example, if the domestic helper's working year is 4.9 yrs, thats mean she does not have qualify to receive 長期服務金.
the coming holiday is only for her last contract,
i.e. at the end of the 3rd contract
she didn't go back & requested to hv this
during summer holidays 2004
but suddenly she wants to hv these holidays
earlier, i.e. in June & get marry.
She is catholic & she cannot promise & guarantee
she will not be pregnant afterwards.
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