Will the following situations break the continuity of employment?

1. Sickness or injury – No

Employees may not be able to work due to sickness or injury. In this case, this will not break the continuity of continuous employment. However, if there is any absence of work for more than 48 hours then it should be supported by a medical certificate issued by a registered medical practitioner, registered Chinese medicine practitioner or registered dentist. (see paragraph 3(2) (a) – First schedule)

2. Transfer of business – No

If a business, trade or undertaking is transferred to another owner, the continuity of employment is not broken. (see paragraph 5 – First schedule)

3. Different work for the same employer – No

In the commercial world, it is common that employees might work for the same employer under different employment contracts (even for different jobs in different departments). This will not break the continuity of the contract. (see paragraph 6 – First schedule)

If there is any dispute, as an employer, you are responsible for proving that there is no continuous contract.

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