Page:Employment Ordinance 1968 (Cap. 57).pdf/5

A156

(3) For the avoidance of doubt it is hereby declared that the provisions of subsection (3) of section 4 shall not apply to any contract of employment made before the 1st day of April 1965. PART II.

4. (1) Every contract of employment, which is a continuous contract, shall, in the absence of any express agreement to the contrary, be deemed to be a contract for one month renewable from month to month.

(2) Notwithstanding that it is proved that a contract of employment is for a period in excess of one month such contract shall be deemed to be a contract for one month renewable from month to month unless the contract is evidenced in writing signed by each of the parties thereto.

(3) Notwithstanding any other provision of this section, a contract of employment entered into by a manual worker for a period of six months or more or for a number of working days equivalent to six months or more shall be deemed to be a contract for one month renewable from month to month.

(4) Where any contract of employment for a period in excess of one month is deemed by virtue of the provisions of subsection (2) or (3) to be a contract from month to month the wages per month shall be such proportion of the total wages agreed under the contract as one month bears to the agreed duration of the contract.

5. (1) Subject to subsections (2) and (3), 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.

(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 4 to be a contract for one month renewable from month to month, not less than one month;
 * (b) in every other case, the agreed period, but not less than seven days in the case of a continuous contract.