Hong Kong Ordinances

APPRENTICESHIP ORDINANCE - SECT 29

Suspension of apprentice for misconduct, etc.

(1) An employer may suspend from employment with or without pay, any
registered apprentice for a period not exceeding 14 days-

   (a)  in accordance with an express provision in the contract of 
        apprenticeship providing for suspension;

   (b)  as a disciplinary measure for any reason for which the employer could
        terminate the contract of apprenticeship in accordance with an express
        provision in the contract providing for termination;

   (c)  pending a decision by the employer as to whether or not he will
        exercise his right to terminate the contract of apprenticeship in
        accordance with an express provision in the contract;

   (d)  pending the outcome of any criminal proceedings against the
        registered apprentice arising out of or connected with his employment:
        Provided that where such criminal proceedings are not concluded within
        the period of 14 days such suspension may be extended till the
        conclusion of the criminal proceedings.

(2) Where a registered apprentice is suspended under subsection (1)-

   (a)  the employer shall, within 3 days after the date of the commencement
        of the suspension; and

   (b)  the apprentice may at any time after he is notified by his employer of
        the suspension, report the matter to the Director, and the report made
        by the employer shall be in writing stating the period of suspension
        and the grounds for the suspension. (Amended 13 of 1982 s. 11)

(3) The Director shall, on receipt of a report under subsection

(2), after making such inquiries as he thinks fit,- (Amended 13 of 1982 s. 11)

   (a)  confirm the suspension;

   (b)  set aside the suspension; or

   (c)  set aside part of the period of suspension, and where a period of
        suspension is set aside the employer shall, if the suspension was
        without pay, pay the apprentice the wages which would have accrued to
        him during such suspension.

(4) The Director shall notify the parties in writing of his decision under
subsection (3) and shall enter the decision in the register. (Amended 13 of
1982 s. 11)

(5) An employer who contravenes subsection (2)(a) shall be guilty of an
offence and shall be liable on conviction to a fine of $1000.