1968-HKRS29-8-35_Part02 — Page 29

5

Termination of contract by payment in lieu of notice.

(b) in every other case, the agreed period, but not less than

seven days in the case of a continuous contract.

(3) Where in any contract of employment, whether in writing or oral, it has been expressly agreed that the employment is on probation such contract may be terminated-

(a) by either party at any time during the first month of such employment without notice or payment in Beu;

(8)

by either party at any time during the two months im- mediately following the first month of such employment by giving to the other party notice of not less than seven days.

(4) For the purposes of this section the expression “month” means a period of time commencing on the day when notice of termination of a contract of employment is given or when employ- ment begins, as the case may be, and ending at the end of the day before the corresponding date in the following month or, where there is no corresponding date in the following month or where the commencing day is the last day of a month, at the end of the last day of the following month.

6. (1) Either party to a contract of employment may at any lime terminate the contract without notice by paying to the other party a sum equal to the amount of wages which would have accrued to the employee during the period of notice required under subsection (2) or paragraph (6) of subsection (3) of scc- tion 5, whichever period is appropriate in the case.

(2) Either party to a contract of employment, having given proper notice in accordance with section 5, may at any time there- after terminate the contract by paying to the other party such proportion of the sum referred to in subsection (1) as is propor- tionate to the period between the termination of the contract and the time when the notice given would have expired.

(3) In the case of an employee whose remuneration is calculated by the piece or task the amount of wages which would have accrued to such employee during the period of notice referred to in subsection (1) shall be deemed to be the amount of wages earned by the employee during the equivalent period immediately prior to the giving of the notice or, if for any reason it is impracti- cable to compute the amount in this manner, it may be calculated by reference to the amount earned during such equivalent period by a person in the same trade or occupation at the same work in the same district.

(4) Notwithstanding any other provision of this Ordinance the term "wages" shall, for the purposes of this section, be deemed not to include overtime pay.

7.

Nothing in section 5 or 6 shall be taken-

(a)

to prevent either party to a contract of employment from waiving, at the time notice is required to be given for the purposes of subsection (2) or (3) of section 5, his right to notice or to payment in lieu of notice;

(5) to affect the right of a party to a contract of employment to terminate the contract without notice or payment in lieu under section 8 or 9 or under subsection (2) of section 10.

8.

An employer may terminate a contract of employment without notice or payment in lieu-

(a) if an employee, in relation to his employment-

(i) wilfully disobeys a lawful and reasonable order; (ii) misconducts himself, such conduct being incon- sistent with the due and faithful discharge of his duties;

(ii) is guilty of fraud or dishonesty; or (iv) is habitually neglectful in bis duties; or

(b) on any other ground on which he would be entitled to

terminate the contract without notice at common law.

9. An employee may terminate his contract of employment without notice or payment in lieu-

(a) if he reasonably fears physical danger by violence or disease such as was not contemplated by his contract of employment expressly or by necessary implication; (b) if he is subjected to ill-treatment by the employer: or (c) on any other ground on which he would be entitled to terminate the contract without notice at common law.

10. (1) Notwithstanding any other provision of this Ordin- ance or of any other law, an employer may without notice or payment in licu suspend from employment any employee for a period not exceeding fourteen days-

(a) as a disciplinary measure for any reason for which the employer could have terminated the contract of employ- ment under section 8;

(6) pending a decision by the employer as to whether or not he will exercise his right to terminate the contract of employment under section 8; or

(c) pending the outcome of any criminal proceedings against the employee arising out of or connected with his employment:

Provided that where such criminal proceedings are not concluded within the period of fourteen days such

Saving of Tights.

Termination

of contract withool notice by employer.

Termination of contract without notice by employee.

Suspension from employ- ment in certain caseA,