Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 25

Payment on termination

(Past version on 30/06/1997).

(1) Subject to section 31O, where a contract of employment is terminated any
sum due to the employee shall be paid to him as soon as is practicable and in
any case not later than 7 days after the day of termination. (Amended 44 of
1971 s. 4; 67 of 1974 s. 4)

(2) The sum referred to in subsection (1) shall be-

   (a)  the equivalent of the amount earned by the employee for work done over
        the period commencing on the expiry of his wage period next preceding
        the time of termination up to that time;

   (b)  the sum (if any) payable under sections 7, 15(2) and 33(4BA); (Amended
        57 of 1983 s. 4; 76 of 1985 s. 3; 103 of 1995 s. 7; 7 of 2001 s. 6)

   (ba) any long service payment due to the employee; and (Added 76 of 1985 s.
        3. Amended L.N. 34 of 1990)

   (c)  any other sum due to the employee in respect of his contract of 
        employment.

(3) In addition to any deduction which may be made under section  32 , and
subject to any order made by a court, an employer may deduct from any sum
payable under subsection (1) to an employee who terminates his employment
otherwise than under section 6, 7 or 10 such sum as the employee would have
been liable to pay if he had terminated his employment under section 7.
(Replaced 44 of 1971 s. 4. Amended 14 of 1975 s. 3; 48 of 1984 s. 12)