Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 11

Suspension from employment in certain cases

(1) Notwithstanding any other provision of this Ordinance or of any other law,
an employer may without notice or payment in lieu suspend from employment any
employee for a period not exceeding 14 days-

   (a)  as a disciplinary measure for any reason for which the employer could
        have terminated the contract of employment under section 9;

   (b)  pending a decision by the employer as to whether or not he will
        exercise his right to terminate the contract of employment under
        section  9 ; or

   (c)  pending the outcome of any criminal proceedings against the employee
        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) An employee who is suspended from employment under subsection

(1) may at any time during the period of his suspension, notwithstanding
sections 6 and 7, terminate his contract of employment without notice or
payment in lieu.

(3) Without prejudice to the provisions of subsection (1), an employer may
lay-off an employee for such periods as are expressly agreed in, or may be
implied from, the contract of employment.

(4) Notwithstanding subsection (3), the period of lay-off shall in no case
exceed-

   (a)  a total of half of the total number of normal working days in any
        period of 4 consecutive weeks; or

   (b)  a total of one-third of the total number of normal working days in any
        period of 26 consecutive weeks. (Added 41 of 1990 s. 5)