Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 31T

Dismissal by employer

(1) For the purposes of and subject to this Part, an employee shall be taken
to be dismissed by his employer if, but only if-

   (a)  the contract under which he is employed is terminated by the employer
        with or without notice or payment in lieu thereof other than in
        accordance with section 9;

   (b)  where under that contract he is employed for a fixed term, that term
        expires without being renewed under the same contract; or

   (c)  the employee terminates that contract with or without notice or
        payment in lieu, in circumstances such that he is entitled to
        terminate it without notice or payment in lieu in accordance with
        section 10 by reason of the employer's conduct. (Replaced 62 of 1992
        s. 9)

(2) An employee shall not be taken for the purposes of this Part to be
dismissed by his employer if-

   (a)  his contract of employment is renewed, or he is re-engaged by the same
        employer under a new contract of employment; and

   (b)  the renewal or re-engagement takes effect immediately on the ending of
        his employment under the previous contract.

(3) For the purposes of the application of subsection (2) to a contract under
which the employment ends on a rest day or holiday, the renewal or
re-engagement shall be treated as taking effect immediately on the ending of
the employment under the previous contract if it takes effect on or before the
next day after that rest day or holiday.