Employment Ordinance

(1)
An employee shall not be entitled to a severance payment by reason of dismissal where his employer, being so entitled by reason of the employee’s conduct, terminates his contract of employment without notice or payment in lieu in accordance with
section 9
.
(Amended
51 of 2000 s. 3
)
(2)
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 offered to renew his contract of employment, or to
re-
engage him under a new contract, so
that—
(a)
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 not differ from the corresponding provisions of the contract as in force immediately before his dismissal; and
(b)
the renewal or re-engagement would take effect on or before the relevant date,
and the employee has unreasonably refused that offer.
(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
)(
b)
and subsection
(3
)(
c)
to the relevant date shall be construed as references to the next day after that rest day or holiday.
(Amended
75 of 1997 s. 2
)
(5)
An employee shall not be entitled to a severance payment by reason of dismissal where, having been given notice of the termination of his contract of employment by his employer in accordance with
section 6
, he leaves the service of his employer before the expiration of that notice unless he so
leaves—
(a)
with the prior consent of the employer; or
(b)
after having made a payment in lieu to the employer in accordance with
section 7
.
(Replaced
75 of 1997 s. 2
)
[cf. 1965 c. 62 s. 2 U.K.]