3. My employee was absent from work for a few days without reason. Can I dismiss him?
As mentioned under the subheading “Summary dismissal”, employers may summarily dismiss their employees without advance notice or wages in lieu of notice only if there is repudiation or fundamental breach of contract or there is a breach under section 9 of the Employment Ordinance. The answer to the above question depends on the factual circumstances. Summary dismissal is not advisable if, for example, the employee fails to inform the employer because he or she is in a coma.
If you are not sure about your position, please contact the Labour Relations Division of the Labour Department at 2717 1771 for further information, or consult your own lawyer.
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