Hong Kong Ordinances

APPRENTICESHIP ORDINANCE - SECT 30

Termination of contracts of apprenticeship

(1) Subject to subsection (3), a registered contract of  apprenticeship may be
terminated-

   (a)  by the parties, if all the parties agree to the termination;

   (b)  by any party, in accordance with any express provision in the
        contract of apprenticeship providing for such termination;

   (c)  by the apprentice in the event of his marriage;

   (d)  by the Director-

        (i)    if he is satisfied that the employer is unable to, or does not,
               give the apprentice adequate training in accordance with the
               contract of  apprenticeship; or

        (ii)   if he is satisfied that it is for the benefit of the apprentice
               to terminate the contract.

(2) Not less than 14 days' notice in writing shall be given, where a
contract of apprenticeship is to be terminated-

   (a)  under subsection (1)(a), by either party to the Director;

   (b)  under subsection (1)(b), by the party wishing to terminate the
        contract to the other party and the Director;

   (c)  under subsection (1)(c), by the apprentice to his employer and the
        Director;

   (d)  under subsection (1)(d), by the Director to all the parties unless the
        Director is satisfied that a shorter period of notice would be
        beneficial to the apprentice. (Amended 43 of 1980 s. 4)

(3) A termination of a registered contract of apprenticeship shall not be
valid until-

   (a)  in the case of termination under subsection (1)(a), the Director is
        satisfied that all the parties agree to the termination;

   (b)  in the case of termination under subsection (1)(b) or (d), the
        Director has given all the parties an opportunity to be heard by, or
        to make representations to, him;

   (c)  in the case of termination under subsection (1)(c), the Director is
        satisfied that the apprentice is married, and the Director has entered
        in the register a note of the termination and the date on which it is
        to come into effect.

(4) Where under subsection (3) the Director enters the termination of a
contract of apprenticeship in the register he shall notify all the parties of
the termination and the date on which it is to come into effect.

(5) If the Director decides not to enter the termination of a
contract of apprenticeship in the register he shall notify all the parties of
his decision and the reasons for such decision. (Amended 13 of 1982 s. 11)