TNAG-0091-FCO40-127-Social-welfare-working-conditions-in-Hong-Kong-1968 — Page 64

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1

Termination of contract by notice.

Termination

of contract

without

notice.

Saving of rights.

Meaning of continuous

contract and

onus of proof thereof. First Schedule.

(4) There any contract of service for a period in excess of one month is deemed by virtue of the provisions of subsection (2) or (3) to be a contract from month to month the wages per month shall be such proportion of the total wages agreed under the con- tract as one month bears to the agreed duration of the contract.

6. (1) Subject to subsection (2), either party to a contract of service may at any time give to the other party notice, orally or in writing, of his intention to terminate such contract.

(2) The length of notice required to terminate a contract

of service shall be

(a) in the case of every such contract which is deemed by

virtue of the provisions of section 5 to be a contract for one month renewable from month to month, not less

than thirty days;

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

than seven days in the case of a continuous contract.

7. Either party to a contract of service may at any time terminate such 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 paragraph (a) or (b) of subsection (2) of section 6, period is appropriate in the case.

8.

Nothing in this Part shall be taken

-

whichever

(a) to prevent either party to a contract of service from

waiving his right to notice on any occasion or from accepting payment in lieu of notice;

(b) to affect any right of either party to treat the contract as terminable without notice or payment in lieu by reason of such conduct by the other party as would have enabled him so to treat it before the commencement of this

Ordinance.

9.

(1) In this Part, "continuous contract" means a contract of service under which an employee is deemed by virtue of the provisions of the First Schedule to be in continuous

employment.

(2) In any dispute as to whether a contract of service is

a continuous contract the onus of proving that it is not a con- tinuous contract shall be on the employer.