Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.25

Payment on termination

(1)
Subject to
section 31O
, where a contract of employment is terminated any sum due to the employee shall be paid to him as soon as is practicable and in any case not later than 7 days after the day of termination.
(Amended
44 of 1971 s. 4
;
67 of 1974 s. 4
)
(2)
The sum referred to in subsection (1) shall
be—
(a)
the equivalent of the amount earned by the employee for work done over the period commencing on the expiry of his wage period next preceding the time of termination up to that time;
(b)
the sum (if any) payable under
sections 7
,
15(2)
and
33(4BA)
;
(Amended
57 of 1983 s. 4
;
76 of 1985 s. 3
;
103 of 1995 s. 7
;
7 of 2001 s. 6
)
(ba)
any long service payment due to the employee; and
(Added
76 of 1985 s. 3
. Amended
L.N. 34 of 1990
)
(c)
any other sum due to the employee in respect of his contract of employment.
(3)
In addition to any deduction which may be made under
section 32
, and subject to any order made by a court, an employer may deduct from any sum payable under subsection (1) to an employee who terminates his employment otherwise than under
section 6
,
7
or
10
such sum as the employee would have been liable to pay if he had terminated his employment under
section 7
.
(Replaced
44 of 1971 s. 4
. Amended
14 of 1975 s. 3
;
48 of 1984 s. 12
)