Employment Ordinance

(1)
For the purposes of
section 32A(1
)(
a)
and subject to this Part, where an employee is dismissed because the employer intends to extinguish or reduce his right to a severance payment or to a long service payment, he shall be taken to be dismissed by his employer if, but only
if—
(a)
the contract under which he is employed is terminated by the employer with or without notice or payment in lieu otherwise than in accordance with
section 9
;
(b)
where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract; or
(c)
the employee terminates that contract with or without notice or payment in lieu, in circumstances such that he is entitled to terminate it without notice or payment in lieu in accordance with
section 10
by reason of the employer’s conduct.
(2)
Subject to subsection (1), an employee shall be taken for the purposes of
section 32A(1
)(
a)
and (c) to be dismissed by his employer when the contract under which he is employed is terminated by the employer with or without notice or payment in lieu otherwise than in accordance with
section 9
.
(3)
An employee shall not be taken for the purposes of
section 32A(1
)(
a)
to be dismissed by his employer
if—
(a)
his contract of employment is renewed, or he is re-engaged by the same employer under a new contract of employment; and
(b)
the renewal or re-engagement takes effect immediately on the ending of his employment under the previous contract.
(4)
For the purposes of the application of subsection (3) to a contract under which the employment ends on a rest day or holiday, the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or before the next day after that rest day or holiday.