Page:Employment Ordinance 1968 (Cap. 57).pdf/7

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Saving of rights. 7. Nothing in section 5 or 6 shall be taken—

(a) to prevent either party to a contract of employment from waiving, at the time notice is required to be given for the purposes of subsection (2) or (3) of section 5, his right to notice or to payment in lieu of notice;

(b) to affect the right of a party to a contract of employment to terminate the contract without notice or payment in lieu under section 8 or 9 or under subsection (2) of section 10.

Termination of contract without notice by employer. 8. An employer may terminate a contract of employment without notice or payment in lieu—

(a) if an employee, in relation to his employment—

(i) wilfully disobeys a lawful and reasonable order;

(ii) misconducts himself, such conduct being inconsistent with the due and faithful discharge of his duties;

(iii) is guilty of fraud or dishonesty; or

(iv) is habitually neglectful in his duties; or

(b) on any other ground on which he would be entitled to terminate the contract without notice at common law.

Termination of contract without notice by employee. 9. An employee may terminate his contract of employment without notice or payment in lieu—

(a) if he reasonably fears physical danger by violence or disease such as was not contemplated by his contract of employment expressly or by necessary implication;

(b) if he is subjected to ill-treatment by the employer; or

(c) on any other ground on which he would be entitled to terminate the contract without notice at common law.

Suspension from employment in certain cases. 10. (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 fourteen days—

(a) as a disciplinary measure for any reason for which the employer could have terminated the contract of employment under section 8;

(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 8; 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 fourteen days such