TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 73

EMPLOYMENT (AMENDMENT) (NO. 3)

Dismissal by employer. Icf. 1965 c. 62. s. 3.]

Ord. No. 67/74

A429

a new contract, so that in accordance with the par- ticulars specified in the offer the provisions of the contract as renewed, or of the new contract, as the case may be, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would differ (wholly or in part) from the corresponding provisions of the contract as in force immediately before his dismissal, but-

(a) the offer constitutes an offer of suitable

employment in relation to the employee; (b) the offer constitutes an offer of employment no less favourable to the employee than hitherto; and

(c) the renewal or re-engagement would take

effect on or before the relevant date, and the employee has unreasonably refused that offer.

(4) Where the relevant date falls on a rest day or holiday, the references in paragraph (a) of sub- section (2) and paragraph (c) of subsection (3) to the relevant date shall be construed as references to the next day after that rest day or holiday.

(5) An employee shall not be entitled to a severance payment by reason of dismissal where he leaves the service of his employer-

(a) before the expiration of notice given to him by the employer in accordance with section 6 without the prior consent of the employer;

or

(b) without having made a payment in lieu to the employer in accordance with section 7.

31D. (1) For the purposes of and subject to this Part, an employee shall be taken to be dismissed by his employer if, but only if—

(a) the contract under which he is employed is terminated by the employer with or without notice or payment in lieu thereof other than in accordance with section 9;

(b) where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract; or