TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 89

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as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the contract as in force im- mediately before his dismissal; and

(b) the renewal or re-engagement would take

effect on or before the relevant date.

and the employee has unreasonably refused that offer.

(3) An employee shall not be entitled to a severance payment by reason of dismissal if, not less than seven days before the relevant date, the employer has made to him an offer in writing to renew his contract of employment, or to re-engage him under 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-

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