Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 10

Termination of contract without notice by employee

(Past version on 30/06/1997).

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;

   (aa) if-

        (i)    he has been employed under the contract for not less than 5
               years; and (Amended 41 of 1990 s. 4; 62 of 1992 s. 3)

        (ii)   by a certificate in the form specified by the Commissioner
               under section 49 and issued by a
               registered medical practitioner or
               registered Chinese medicine practitioner, he is certified as
               being permanently unfit for a particular type of work specified
               in the certificate for a reason or reasons stated therein; and
               (Amended 68 of 1990 s. 24; 61 of 1993 s. 3; 16 of 2006 s. 3)

        (iii)  he is engaged in that type of work under the contract; (Added
               52 of 1988 s. 4)

   (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.