Cap. 47activeordinance

Apprenticeship Ordinance

學徒制度條例

Full legislation

s.29

Suspension of apprentice for misconduct, etc.

(1)
An employer may suspend from employment with or without pay, any registered
                apprentice for a period not exceeding 14
days—
(a)
in accordance with an express provision in the contract of apprenticeship
                    providing for suspension;
(b)
as a disciplinary measure for any reason for which the employer could
                    terminate the contract of apprenticeship in accordance with an express provision
                    in the contract providing for termination;
(c)
pending a decision by the employer as to whether or not he will exercise
                    his right to terminate the contract of apprenticeship in accordance with an
                    express provision in the contract;
(d)
pending the outcome of any criminal proceedings against the registered
                        apprentice 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)
Where a registered apprentice is suspended under subsection (1
)—
(a)
the employer shall, within 3 days after the date of the commencement of the
                    suspension; and
(b)
the apprentice may at any time after he is notified by his employer of the
                    suspension,
report the matter to the Director, and the report made by the employer shall
                be in writing stating the period of suspension and the grounds for the
                    suspension.
(Amended
13 of 1982 s. 11
)
(3)
The Director shall, on receipt of a report under subsection (2), after making
                such inquiries as he thinks
fit—
(Amended
13 of 1982 s. 11
;
E.R. 1 of 2022
)
(a)
confirm the suspension;
(b)
set aside the suspension; or
(c)
set aside part of the period of suspension,
and where a period of suspension is set aside the employer shall, if the
                suspension was without pay, pay the apprentice the wages which would have accrued to
                him during such suspension.
(4)
The Director shall notify the parties in writing of his decision under
                subsection (3) and shall enter the decision in the register.
(Amended
13 of 1982 s. 11
)
(5)
An employer who contravenes subsection
(2
)(
a)
shall be guilty of an
                offence and shall be liable on conviction to a fine at level 1.
(Amended
E.R. 1 of
                2013
)