Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 6

Termination of contract by notice

(Past version on 30/06/1997).



"month" (月)

(1) Subject to subsections (2), (2A), (2B), (3) and (3A) and sections 15 and
33, either party to a contract of employment may at any time terminate the
contract by giving to the other party notice, orally or in writing, of his
intention to do so. (Amended 5 of 1970 s. 5; 57 of 1983 s. 2; 48 of 1984 s. 4;
55 of 1987 s. 2; 103 of 1995 s. 2; 7 of 2001 s. 2)

(2) The length of notice required to terminate a contract of  employment shall
be-

   (a)  in the case of a contract which is deemed by virtue of the provisions
        of section 5 to be a contract for 1 month renewable from month to
        month and which does not make provision for the length of notice
        required to terminate the contract, not less than 1 month; (Amended 44
        of 1971 s. 2)

   (b)  in the case of a contract which is deemed by virtue of the provisions
        of section 5 to be a contract for 1 month renewable from month to
        month and which makes provision for the length of notice required to
        terminate the contract, the agreed period, but not less than 7 days;
        (Added 44 of 1971 s. 2)

   (c)  in every other case, the agreed period, but not less than 7 days in
        the case of a continuous contract.

(2A) Without prejudice to section 41D, annual leave to which an employee is
entitled under section 41AA shall not be included under subsection (2) in the
length of notice required to terminate a contract of  employment. (Added 48 of
1984 s. 4. Amended 53 of 1990 s. 5)

(2B) The period of maternity leave to which a female employee is entitled
under section 12 shall not be included under subsection (2) in the length of
notice required to terminate a contract of employment. (Added 55 of 1987 s. 2)

(3) Where in any contract of employment, whether in writing or oral, it has
been expressly agreed that the employment is on probation and the contract
does not make provision for the length of notice required for its termination
such contract may be terminated- (Amended 44 of 1971 s. 2)

   (a)  by either party at any time during the first month of such employment
        without notice or payment in lieu;

   (b)  by either party at any time after the first month of such employment
        by giving to the other party notice of not less than 7 days. (Amended
        48 of 1984 s. 4)

(3A) Where in any contract of employment, whether in writing or oral, it has
been expressly agreed that the employment is on probation and the contract
makes provision for the length of notice required for its termination such
contract may be terminated-

   (a)  notwithstanding the length of notice provided for in the contract, by
        either party at any time during the first month of such employment
        without notice or payment in lieu;

   (b)  by either party at any time after the first month of such employment
        by giving to the other party notice of the agreed period, but not less
        than 7 days. (Added 48 of 1984 s. 4)

(4) For the purposes of this section the expression "month" (月) means a
period of time commencing on the day when notice of termination of a
contract of employment is given or when employment begins, as the case may be,
and ending at the end of the day before the corresponding date in the
following month or, where there is no corresponding date in the following
month or where the commencing day is the last day of a month, at the end of
the last day of the following month.