The Employment (Amendment) (No.2) Ordinance 2018
Reinstatement or Re-engagement Order for
Unreasonable and Unlawful Dismissal


The Employment (Amendment) (No.2) Ordinance 2018 comes into operation on 19 October 2018.

Where an employee has been unreasonably and unlawfully dismissed on or after 19 October 2018 and the employee makes a claim for reinstatement or re-engagement, the Labour Tribunal may make an order for reinstatement or re-engagement without the need to secure the employer’s agreement if the Tribunal considers that the making of such an order is appropriate and practicable. If the employer eventually does not reinstate or re-engage the employee as required by the order, the employer shall pay to the employee a further sum, amounting to three times the employee’s average monthly wages and subject to a ceiling of $72,500. The employer commits an offence if he/she wilfully and without reasonable excuse fails to pay the further sum.

Brief Note on the Amendments to Provisions on Reinstatement or Re-engagement Order for Unreasonable and Unlawful Dismissal (PDF)

Full text of the Employment (Amendment) (No.2) Ordinance 2018 (PDF)

Frequently Asked Questions with Answers on Reinstatement or Re-engagement Order for Unreasonable and Unlawful Dismissal (PDF)

More details on the Employment Ordinance