Thank you for your query. You have quoted information about “Presumption” of end of year payment from Chapter 8: End of Year Payment of A Concise “Guide to the Employment Ordinance” and it clearly stated that “ ...unless a written term or condition in the contract expresses intention to the contrary.” It means the bonus is not a guarantee if any clause or an employment contract has define the nature of end of year bonus as “discretionary”. Although we would like to see the employer paying you end of year bonus or in proportion, there is not a guarantee in your case for the employer has already defined the nature of end of year bonus as “discretionary” in your employment contract. When due date of employment period comes and employer does not pay you the end of year bonus, s/he is executing “written term or condition in the contract expresses intention to the contrary.”

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