1964_EMPLOYMENT_ORDINANCE — Page 32

1988 Ed.]

Employment

[CAP. 57

31

(3) An employee shall not be entitled to a severance payment by reason of dismissal if, not less than 7 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 particulars 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 subsection (2)(a) and subsection (3)(c) 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.

[cf. U.K. 1965 c. 62, s. 2]

Dismissal by employer

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

(c) the employee, being so entitled by reason of the employer's conduct, terminates that contract without notice or payment in lieu in accordance with section 10.

(2) An employee shall not be taken for the purposes of this Part to be dismissed by his employer if-

(a) his contract of employment is renewed, or he is re-engaged by the same employer under a new contract of employment; and