E. End of year payments
End of year payments are any annual payments (including double pay, 13th month payment or end of year bonus) of a contractual nature. They do not include any payment that is of a gratuitous nature or that is payable at the discretion of the employer.
Employees are eligible for end of year payments if they have been employed under continuous contracts for a whole payment period. The payment period is the period that is specified in the employment contract, or a lunar year if it is not specified.
Employees who resign before the payment period expires are NOT entitled to pro rata end of year payments unless their contracts provide otherwise.
Employees who have been employed under a continuous contract for not less than 3 months in a payment period and who are dismissed by the employer (except in cases of summary dismissal due to serious misconduct) are eligible for pro rata end of year payments.
The provisions of the Employment Ordinance concerning end of year payments apply to employees who are employed under continuous contracts who, in accordance with a contractual term (including agreement made orally or in writing, in an express or an implied term), are entitled to end of year payments from their employers.