Under what circumstances should an employer pay severance payment or long service payment to his helper if he terminates the helper's contract?
A5:
An employer should pay severance payment to his helper if the helper has been employed continuously for not less than 24 months and is dismissed (or his/her contract is not renewed) by reason of redundancy.
An employer should pay long service payment to his helper if the helper has been employed continuously for not less than 5 years and is dismissed (or his/her contract is not renewed) by reason other than serious misconduct of the helper or redundancy.
法例好清楚話點先要比遣散費。你都請了新工人,你舊工人又未做夠5年,如果跟足法例炒, 你係唔洗比,而勞工處亦都冇理由繼續要告你。雖然你炒工人時係接近第5年,但黑白字寫話唔洗比,咁仲有得告?我真係唔明! 你準備炒工人證據吧。不過我會point out 根本就係冇case。