Page:Employment Ordinance 1968 (Cap. 57).pdf/6

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(3) Where in any contract of employment, whether in writing or oral, it has been expressly agreed that the employment is on probation such contract may be terminated—
 * (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 during the two months immediately following the first month of such employment by giving to the other party notice of not less than seven days.

(4) For the purposes of this section the expression “month” 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.

6. (1) Either party to a contract of employment may at any time terminate the contract without notice by paying to the other party a sum equal to the amount of wages which would have accrued to the employee during the period of notice required under subsection (2) or paragraph (b) of subsection (3) of section 5, whichever period is appropriate in the case.

(2) Either party to a contract of employment, having given proper notice in accordance with section 5, may at any time there- after terminate the contract by paying to the other party 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.

(3) In the case of an employee whose remuneration is calculated by the piece or task the amount of wages which would have accrued to such employee during the period of notice referred to in subsection (1) shall be deemed to be the amount of wages earned by the employee during the equivalent period immediately prior to the giving of the notice or, if for any reason it is impracticable to compute the amount in this manner, it may be calculated by reference to the amount earned during such equivalent period by a person in the same trade or occupation at the same work in the same district.

(4) Notwithstanding any other provision of this Ordinance the term “wages” shall, for the purposes of this section, be deemed not to include overtime pay.