1964_EMPLOYMENT_ORDINANCE — Page 17

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CAP. 57]

Employment

[1988 Ed.

(i) wilfully disobeys a lawful and reasonable order;

(ii) misconducts himself, such conduct being inconsistent with the due and faithful discharge of his duties;

(iii) is guilty of fraud or dishonesty; or

(iv) is habitually neglectful in his duties; or

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

contract without notice at common law.

Termination of contract without notice by employee

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

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(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;

(aa) if

(i) he has been employed under the contract for not less than the number of years specified in section 31R(a); and

(ii) by a certificate in the form specified by the Commissioner under section 49 and issued by a medical practitioner practising in a Government or Government-subvented hospital, he is certified as being permanently unfit for a particular type of work specified in the certificate for a reason or reasons stated therein; and

(iii) he is engaged in that type of work under the contract; (Added, 52 of 1988, s. 4)

(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.

Suspension from employment in certain cases

11. (1) Notwithstanding any other provision of this Ordinance or of any other law, an employer may without notice or payment in lieu suspend from employment any employee for a period not exceeding 14 days-

(a) as a disciplinary measure for any reason for which the employer could

have terminated the contract of employment under section 9;

(b) pending a decision by the employer as to whether or not he will exercise his right to terminate the contract of employment under section 9; or

(c) pending the outcome of any criminal proceedings against the em-

ployee arising out of or connected with his employment:

Provided that where such criminal proceedings are not concluded within the period of 14 days such suspension may be extended till the conclusion of the criminal proceedings.