Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 8A

Damages for wrongful termination of contract

(Past version on 30/06/1997).

(1) Without prejudice to section 9, 10 or 11(2), where a contract 
of employment is terminated otherwise than in accordance with section 6 or 7,
a sum equal to the amount of wages that would have been payable had the
contract been terminated in accordance with section 7 shall be payable by the
party terminating the contract to the other party.

(2) Without prejudice to section 9, 10 or 11(2), where a party to a
contract of employment, having given proper notice in accordance with
section 6 thereafter terminates the contract before the expiry of the period
of notice otherwise than in accordance with section 7, such proportion of the
sum referred to in subsection (1) as is proportionate to the period between
the termination of the contract and the time when the notice given would have
expired shall be payable by the party terminating the contract to the other
party.

(3) For the purpose of calculating the sum referred to in subsection (1),
where the party terminating the contract has not given notice of the
termination to the other party, in calculating the daily average or monthly
average of the wages earned by the employee in accordance with section 7, the
reference in that section to the date on which the party terminating the
contract gives notice of the termination to the other party or to the date of
notification is to be construed as a reference to the date of termination of
the contract. (Added 7 of 2007 s. 4) (Added 14 of 1975 s. 2. Amended 7 of 2007
s. 4)