- transfer of employment within the same group of companies shall be construed accordingly.
(4) Nothing in this section shall prejudice the operation of section 8(2) and (3).
14. Exception for existing employment on local and overseas terms of employment
(1) Nothing in section 10 renders unlawful—
- (a) any differential treatment by an employer in or in connection with employing an employee on local terms of employment on the one hand and employing another employee on overseas terms of employment on the other hand in accordance with those two sets of terms respectively; or
- (b) any differential treatment by an employer in or in connection with employing on overseas terms of employment an employee who is a national or citizen of a country or place on the one hand and employing also on those terms another employee who is a national or citizen of another country or place on the other hand in accordance with those terms.
(2) Subsection (1) applies only to an employee in an existing employment as specified in Schedule 2.
(3) In this section, “local terms of employment” (本地僱用條款) and “overseas terms of employment” (海外僱用條款) have the meanings assigned to them respectively by section 11 of Schedule 2.
(4) Nothing in this section shall prejudice the operation of section 8(2) and (3).
15. Discrimination against contract workers
(1) This section applies to any work for a person (“the principal”) that is available for doing by individuals (“contract workers”) who are employed not by the principal himself or herself but by a contractor or sub-contractor of the principal.
(2) It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker—
- (a) in the terms on which the principal allows that contract worker to do that work;
- (b) by not allowing the contract worker to do it or continue to do it;
- (c) in the way the principal affords the contract worker access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him or her access to them; or
- (d) by subjecting the contract worker to any other detriment.
