Employment Ordinance

(1)
Subject to this Part, the amount of a severance payment to which an
                                employee is entitled
                                shall
                                be calculated by
allowing—
(Amended
4 of 2022 s. 4
)
(a)
in the case of a monthly rated employee, two-thirds of
                                        his
                                        last full month’s wages, or two-thirds of $22,500, whichever
                                        is less; or
(Amended
4 of 2022 s. 4
)
(b)
in any other case, 18 days’ wages based on any 18 days
                                        chosen by the employee and occurring during his last 30
                                        normal working days, or two-thirds of $22,500, whichever is
                                                less,
(Amended
L.N. 264 of
                                                1995
)
for every year (and pro rata as respects an incomplete year) of
                                employment under a continuous contract by his employer subject in
                                all cases to a maximum payment not exceeding, where the relevant
                                date occurs in a period specified in column 1 of Table A in the
Seventh Schedule
, the amount specified in column
                                2 of that table opposite to the period.
(Amended
5 of 1995 s. 6
)
(1A)
(Repealed
4 of 2022 s. 4
)
(2)
Despite subsection (1), the employee may, for a calculation under
                                that subsection, elect to have the employee’s wages averaged over
                                the period of 12 months immediately preceding the relevant date as
if—
(a)
in the case of a monthly rated employee—the amount
                                        specified under paragraph (a) of that subsection for the
                                        calculation were two-thirds of the employee’s average
                                        monthly wages during such a period, or two-thirds of
                                        $22,500, whichever is less; or
(b)
in any other case—the amount specified under paragraph (b)
                                        of that subsection for the calculation were 18 times the
                                        employee’s average daily wages during such a period.
(Replaced
4 of 2022 s. 4
)
(2A)
For calculating the average daily wages under subsection
(2
)(
b)
, the total wages for the period of 12
                                months must not exceed 12 times $22,500.
(Added
4 of 2022 s. 4
)
(3)
(Repealed
4 of 2022 s. 4
)