### Employment Ordinance 《僱傭條例》

32M. Remedies for employment protection
(1) On a claim for remedies under this Part if the court or Labour Tribunal finds that the employer has not shown a valid reason as specified under section 32K, the employer is deemed to intend to extinguish or reduce any right, benefit or protection conferred or to be conferred upon the employee by this Ordinance and the dismissal or the variation is deemed to be unreasonable and the court or Labour Tribunal may make an order under section 32N or an award of terminal payments under section 32O.
(2) On a claim for remedies under this Part if, in relation to the dismissal of an employee in any of the circumstances mentioned in section 32A(1)(c), the court or Labour Tribunal finds that the employer has not shown a valid reason for that dismissal within the meaning of section 32K and, upon that finding the employer, after having been given an opportunity to do so, refuses or fails to show that the dismissal is not in contravention of—
(a) section 15(1), 21B(2)(b), 33(4B) or 72B(1);
(b) section 6 of the Factories and Industrial Undertakings Ordinance (Cap. 59); or
(c) section 48 of the Employees’ Compensation Ordinance (Cap. 282),
then the court or Labour Tribunal may make an order under section 32N or an award of terminal payments under section 32O and, in the case where the court or Labour Tribunal does not make an order under section 32N, the court or Labour Tribunal may, whether or not it has made an award of terminal payments under section 32O, make an award of compensation under and in accordance with section 32P to be payable to the employee by the employer as it considers just and appropriate in the circumstances.
(3) An order or award made under this Part shall not affect the civil or criminal liability of an employer otherwise than under this Part in respect of the dismissal or the variation of the terms of the contract of employment.

### Employment Ordinance 《僱傭條例》

32NA. Sums specified for purposes of section 32N(4)(d) and (6)(g)
(1) For the purposes of section 32N(4)(d) and (6)(g), the following sums are payable by the employer to the employee—
(a) the sums that would have been awarded if neither an order for reinstatement nor an order for re-engagement had been made, namely—
(i) the amount of terminal payments that would have been awarded under section 32O; and
(ii) if the employee has been dismissed in any of the circumstances mentioned in section 32A(1)(c)—the amount of compensation that would have been awarded under section 32P; and
(b) if the employee has been dismissed in any of the circumstances mentioned in section 32A(1)(c), a sum that is the lesser of the following—
(i) $72,500;
(ii) 3 times the employee’s average monthly wages as calculated in accordance with section 32NB.
(2) In determining the amounts mentioned in subsection (1)(a)(i) and (ii), the court or Labour Tribunal must not take into account the sum mentioned in subsection (1)(b).
(3) The Commissioner may, by notice published in the Gazette, amend subsection (1)(b)(i) by substituting another amount for the amount specified in that subsection.
(Added 21 of 2018 s. 5)

### Employment Ordinance 《僱傭條例》

32NB. Calculation of average monthly wages for section 32NA
(1) This section applies in calculating an employee’s average monthly wages for the purposes of section 32NA(1)(b)(ii).
(2) In subsections (3), (4) and (5)—
wages (工資) includes a sum of money paid by an employer in respect of any of the following days—(a) a day of maternity leave, a day of paternity leave, a rest day, a sickness day, a holiday or a day of annual leave taken by the employee;
(b) a day of leave taken by the employee with the agreement of the employer;
(c) a normal working day on which the employee is not provided with work by the employer;
(d) a day of absence from work of the employee due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282).

(3) The employee’s average monthly wages are the average monthly wages earned by the employee during—
(a) the period of 12 months immediately before the date of termination of the contract of employment; or
(b) if the employee has been employed by the employer for a period shorter than 12 months immediately before the date of termination of the contract of employment—the shorter period.
(4) The average monthly wages are to be calculated without regard to—
(a) any period (excluded period) during the 12-month period or shorter period for which the employee was not paid wages or full wages because of—
(i) any maternity leave, paternity leave, rest day, sickness day, holiday or annual leave taken by the employee;
(ii) any leave taken by the employee with the agreement of the employer;
(iii) the employee’s not being provided with work by the employer on a normal working day; or
(iv) the employee’s absence from work due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282); and
(b) any wages paid to the employee for the excluded period.
(5) To avoid doubt, if the amount of the wages paid to an employee in respect of a day covered by the definition of wages

### Employment Ordinance 《僱傭條例》

32P. Award of compensation
(1) Subject to section 32M, the court or Labour Tribunal may, whether or not it has made an award of terminal payments under section 32O, make an award of compensation to be payable to the employee by the employer as it considers just and appropriate in the circumstances, if—
(a) neither order for reinstatement nor order for re-engagement under section 32N is made; and
(b) the employee is dismissed by the employer in contravention of section 15(1), 21B(2)(b), 33(4B) or 72B(1), section 6 of the Factories and Industrial Undertakings Ordinance (Cap. 59), or section 48 of the Employees’ Compensation Ordinance (Cap. 282), whether or not the employer has been convicted of the offence in respect of the dismissal.
(2) In determining an award of compensation and the amount of the award of compensation under this section, the court or Labour Tribunal shall take into account the circumstances of the claim.
(3) Without affecting the generality of subsection (2) the circumstances of a claim include—
(a) the circumstances of the employer and the employee;
(b) the length of time that the employee has been employed under the contract of employment with the employer;
(c) the manner in which the dismissal took place;
(d) any loss sustained by the employee which is attributable to the dismissal;
(e) possibility of the employee obtaining new employment;
(f) any contributory fault borne by the employee; and
(g) any payments that the employee is entitled to receive in respect of the dismissal under this Ordinance, including any award of terminal payments under section 32O.
(4) The amount of an award of compensation under this section shall be such amount as the court or Labour Tribunal considers just and appropriate but no such award shall exceed an amount of $150,000.
(5) The Commissioner for Labour may amend the amount specified in subsection (4) by notice in the Gazette.