Employment Ordinance

(1)
Without prejudice to
section 9
,
10
or
11(2)
, where a contract of employment is terminated otherwise than in accordance with
section 6
or
7
, a sum equal to the amount of wages that would have been payable had the contract been terminated in accordance with
section 7
shall be payable by the party terminating the contract to the other party.
(2)
Without prejudice to
section 9
,
10
or
11(2)
, where a party to a contract of employment, having given proper notice in accordance with
section 6
thereafter terminates the contract before the expiry of the period of notice otherwise than in accordance with
section 7
, such proportion of the sum referred to in subsection (1) as is proportionate to the period between the termination of the contract and the time when the notice given would have expired shall be payable by the party terminating the contract to the other party.
(3)
For the purpose of calculating the sum referred to in subsection (1), where the party terminating the contract has not given notice of the termination to the other party, in calculating the daily average or monthly average of the wages earned by the employee in accordance with
section 7
, the reference in that section to the date on which the party terminating the contract gives notice of the termination to the other party or to the date of notification is to be construed as a reference to the date of termination of the contract.
(Added
7 of 2007 s. 4
)