【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第6页 CAP 57 EMPLOYMENT ORDINANCE
|
[接上页] (Added 14 of 1975 s. 2) Cap 57 s 9 Termination of contract without notice by employer (1) An employer may terminate a contract of employment without notice or payment in lieu- (Amended 51 of 2000 s. 2) (a) if an employee, in relation to his employment- (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.(2) The fact that an employee takes part in a strike does not entitle his employer to terminate under subsection (1) the employee's contract of employment. (Added 51 of 2000 s. 2) Cap 57 s 10 Termination of contract without notice by employee An employee may terminate his contract of employment without notice or payment in lieu- (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 5 years; and (Amended 41 of 1990 s. 4; 62 of 1992 s. 3) (ii) by a certificate in the form specified by the Commissioner under section 49 and issued by a registered medical practitioner, 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 (Amended 68 of 1990 s. 24; 61 of 1993 s. 3) (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. Cap 57 s 10A Deemed termination of contract under section 7 (1) Without prejudice to the rights of an employee under common law, an employee may terminate his contract of employment without notice or payment in lieu of notice if any wages are not paid within one month from the day on which they become due to him under section 23. (2) Where a contract of employment is terminated under subsection (1), the contract shall be deemed to be terminated by the employer in accordance with section 7 and the employer shall be deemed to have agreed to pay to the employee the sum specified in section 7. (Added 74 of 1997 s. 5) Cap 57 s 11 Suspension from employment in certain cases (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 employee 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.(2) An employee who is suspended from employment under subsection (1) may at any time during the period of his suspension, notwithstanding sections 6 and 7, terminate his contract of employment without notice or payment in lieu. (3) Without prejudice to the provisions of subsection (1), an employer may lay-off an employee for such periods as are expressly agreed in, or may be implied from, the contract of employment. (4) Notwithstanding subsection (3), the period of lay-off shall in no case exceed- (a) a total of half of the total number of normal working days in any period of 4 consecutive weeks; or (b) a total of one-third of the total number of normal working days in any period of 26 consecutive weeks. (Added 41 of 1990 s. 5) Cap 57 s 11A Interpretation PART IIA END OF YEAR PAYMENT In this Part, unless the context otherwise requires- "end of year payment" (年终酬金) means any annual payment (whether described as "thirteenth month payment", "fourteenth month payment", "double pay", "end of year bonus" or otherwise) or annual bonus of a contractual nature, but does not include any annual payment or any annual bonus, or any proportion thereof, which is of a gratuitous nature or which is payable only at the discretion of the employer; (Amended 74 of 1997 s. 6) "full month's wages" (全月工资) means- (a) in the case of an employee whose wages are computed by reference to a monthly rate, his monthly rate of pay; and (b) in any other case, a sum equivalent to the average daily wage earned by the employee multiplied by 26, and for the purposes of this paragraph the average daily wage shall be the average of the daily wages earned by the employee on each day on which he worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on- |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！