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Course: Fixed Term Contracts and Notice Periods and Payment in Lieu
Code: LP01-CP03
Duration: 1.0 Hour
CPD Credit: CPD Point
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Both parties in an employment contract should consider several issues when terminating their contract. Two of them, Fixed Term Contracts and Notice Periods and Payment in Lieu, will be discussed in this course. Both have significant impact on the legitimacy of a termination, and the proceedings thereafter. The course is divided into two modules.
In the first lesson on Fixed Term Contracts, you will learn:
What Fixed Term contracts are and the statutory provisions under Section 5 of the Employment Ordinance.
Contractual provisions in Fixed Term contracts and the definition of a "continuous" contract.
How to determine damages for wrongful termination without notice.
The question on whether the unserved balance of the Fixed Term will constitute a notice period.
In the second lesson on Notice Periods and Payment in Lieu, you will learn:
How to determine Notice Periods and Payments in Lieu
How to determine Notice Periods and Payments in Lieu in a Probationary Contract
The definition of "wages" in the Ordinance
How to determine compensation
The debate on whether there is a duty to mitigate for Payments in Lieu
As an example of how the law applies, you will learn how a company can recover the rights to reside in their company flat.
At the end of this course, you will take a multiple-choice test. Its results will determine your CPD accreditation for completing this course.
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Robert Lewington
Robert joined Simmons & Simmons in November 2001 and is the head of Commercial Litigation. He has 17 yearsı experience of commercial litigation in Hong Kong.
Robert was admitted as a solicitor in England and Wales in 1979 and in Hong Kong in 1984. He was recently listed in the IFLR Guides to the Worldıs Leading Lawyers. He was in the Best of the Best 1999 and 2001. Recent work has included advising an American tele-marketing company on theft of confidential information, advising the minority shareholders of a telecoms company on dispute, advising a Hong Kong statutory corporation on sale of goods litigation and advising insurers on claims for short piling, advising re-insurers on a US$ multi-million power station machinery breakdown claim.
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