When do you NOT pay long service leave?

According to the "Concise Guide to the Employment Ordnance", chapter 10, and employee is entitled to long service under 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


In other words, if the helper leaves of her own accord, she gets long service only on grounds of ill health or age above 65.


If you can no longer afford her, you could claim redundancy. The requirements to claim redundancy are:


"Meaning of Redundancy


An employee is taken to be dismissed by reason of redundancy if the

dismissal is due to the fact that:

• the employer closes or intends to close his business;

• the employer has ceased, or intends to cease, the business in the place where the employee was employed; or

• the requirement of the business for employees to carry out work of a particular kind, or for the employee to carry out work of a particular kind in the place where the employee was employed, ceases or diminishes or is expected to cease or diminish."



Source: http://www.labour.gov.hk/eng/public/wcp/ConciseGuide/10.pdf

The text leaves this an open question, so I guess it can be both.