### Employment Ordinance 《僱傭條例》

25. Payment on termination
(1) Subject to section 31O, where a contract of employment is terminated any sum due to the employee shall be paid to him as soon as is practicable and in any case not later than 7 days after the day of termination. (Amended 44 of 1971 s. 4; 67 of 1974 s. 4)
(2) The sum referred to in subsection (1) shall be—
(a) the equivalent of the amount earned by the employee for work done over the period commencing on the expiry of his wage period next preceding the time of termination up to that time;
(b) the sum (if any) payable under sections 7, 15(2) and 33(4BA); (Amended 57 of 1983 s. 4; 76 of 1985 s. 3; 103 of 1995 s. 7; 7 of 2001 s. 6)
(ba) any long service payment due to the employee; and (Added 76 of 1985 s. 3. Amended L.N. 34 of 1990)
(c) any other sum due to the employee in respect of his contract of employment.
(3) In addition to any deduction which may be made under section 32, and subject to any order made by a court, an employer may deduct from any sum payable under subsection (1) to an employee who terminates his employment otherwise than under section 6, 7 or 10 such sum as the employee would have been liable to pay if he had terminated his employment under section 7. (Replaced 44 of 1971 s. 4. Amended 14 of 1975 s. 3; 48 of 1984 s. 12)

### Employment Ordinance 《僱傭條例》

25A. Interest on late payment of wages
(1) Subject to subsection (3), if any wages or any sum referred to in section 25(2)(a) are not paid within 7 days from the day on which they become due under sections 23, 24 and 25, the employer shall pay interest at the rate specified in subsection (2) on the outstanding amount of wages or sum from the date on which such wages or sum become due up to the date of actual payment.
(2) The rate of interest specified for the purpose of subsection (1) shall be the rate fixed by the Chief Justice by notice in the Gazette under section 50 of the District Court Ordinance (Cap. 336).
(3) No interest shall be payable in respect of any period before the commencement* of this section.
(Added 74 of 1997 s. 9) Editorial Note:

*  Commencement date: 27 June 1997. 

26. Manner and place of payment of wages
(1) Subject to this Ordinance, wages shall be paid on a working day directly to an employee in legal tender at his place of employment or at any office or other place customarily used by the employer for the purpose of payment of wages or at any other place mutually agreed.
(2) With the consent of an employee wages may be paid—
(a) by cheque, money order or postal order;
(b) into an account in his name with any bank within the meaning of section 2 of the Banking Ordinance (Cap. 155); or (Amended 49 of 1995 s. 53)
(c) to his duly appointed agent.

27. Payment not to be made in certain places
Wages, or any sum due to an employee in respect of his contract of employment on the completion or termination thereof, shall not be paid—
(a) in any place of amusement;
(b) in any place where cash-sweeps, fixed odds betting or pari-mutuel betting is organized or conducted with the permission or authorization under the Betting Duty Ordinance (Cap. 108); (Amended 17 of 2006 s. 23)
(c) in any place where intoxicating liquor or any dangerous drug is sold; or
(d) in any shop or store for the retail sale of merchandise,
except where the employee is employed in such place, shop or store.

### Employment Ordinance 《僱傭條例》

28. Remuneration other than wages
(1) A contract of employment may provide for giving to an employee food, accommodation or other allowances or privileges in addition to wages as remuneration for his services.
(2) No employer shall give to an employee any intoxicating liquor, dangerous drug, or any ticket or other substitute for ticket for any cash-sweep, fixed odds betting or pari-mutuel betting organized or conducted with the permission or authorization under the Betting Duty Ordinance (Cap. 108) as remuneration for his services. (Amended 17 of 2006 s. 23)

29. Prohibition of agreements as to manner of spending
No employer shall in any contract of employment or agreement in consideration of a contract of employment make any provision as to the place at which, the manner in which, or the person with whom, wages paid to an employee are to be expended.

30. Provision of shops, etc. by employers for sale of commodities to employees
An employer may establish shops, stores or places for the sale of commodities to his employees, but no employer shall bind any employee by contract, agreement or other obligation, written or oral, express or implied, to make use of any such shop, store or place for the purchase of commodities.

31. Employer not to enter into contract of employment without reasonable belief that he can pay wages
(1) No person shall enter into, renew or continue a contract of employment as an employer unless he believes upon reasonable grounds that he will be able to pay all wages due under the contract of employment as they become due.
(2) An employer shall, if he ceases to believe upon reasonable grounds that he will be able to pay all the wages due by him under a contract of employment as they become due, forthwith take all necessary steps to terminate the contract in accordance with its terms.
(Added 71 of 1970 s. 3)

### Employment Ordinance 《僱傭條例》

31B. General provisions as to right to severance payment
(1) Where an employee who has been employed under a continuous contract for a period of not less than 24 months ending with the relevant date— (Amended 76 of 1985 s. 5)
(a) is dismissed by his employer by reason of redundancy; or
(b) is laid off within the meaning of section 31E,
the employer shall, subject to this Part and Part VC, be liable to pay to the employee a severance payment calculated in accordance with section 31G. (Amended 52 of 1988 s. 5)
(2) For the purposes of this Part an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to the fact that—
(a) his employer has ceased, or intends to cease, to carry on the business—
(i) for the purposes of which the employee was employed by him; or
(ii) in the place where the employee was so employed; or
(b) the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where the employee was so employed, have ceased or diminished or are expected to cease or diminish. (Replaced 62 of 1992 s. 4)
(3) For the purposes of the application of this Part to an employee who is employed as a domestic servant in, or in connection with, a private household, this Part (except section 31J) shall apply as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.
[cf. 1965 c. 62 ss. 1 & 19(1) U.K.]