2011-07-06

The Right of Waiving Notice Period

Longer notice period is given for the termination of my contract, which is beyond the requirement of Terms and Conditions.

In general, the employer may request the employee for longer notice period which allows sufficient time for handover.

In case the employee intends to give longer notice period but it is not necessary for the employer, the employer can waive the extra notice days proposed by the employee.

The ordinance can be found at the Bilingual Laws Information System of Department of Justice: http://www.legislation.gov.hk/chi/home.htm

Please check Chapter 57 Section 6 to 8.
In section 8, it says
“Nothing in section 6 or 7 shall be taken to prevent either party to a contract of employment from waiving, at the time notice is required to be given for the purposes of section 6(2), (3) or (3A), his right to notice or to payment in lieu of notice; (Amended 48 of 1984 s. 5)”.

「第6或7條的任何規定,不得用於─ (a) 阻止僱傭合約的任何一方,在因第6(2)、(3)或(3A)條的規定須給予通知時,放棄獲給予通知或代通知金的權利;(由1984年第48號第5條修訂)」