Employment Solicitor in HK required

[neatsy]

When I expat to Hk from Australia, my employment contract stated the employer would make voluntary contributions to my mpf. It is not until 2 years later on end of contract that I find out there are vesting scales applicable to mpf employer voluntary contributions that only entitle me to 40% of it at the end of 2 years. I have discussed with HR and HR says this is the company policy and in line with HK Employment Ordinance. However, I was never advised of the vesting scale being applicable to me nor was it documented in the employee handbook or in my employment contract. The basis of my decision to second to HK relied that I would receive 100% of mpf. Which is not the case at all!

Can I have recourse against my employer?

Can you recommend a good employment solicitor in HK who is familiar with both Australian (Victorian) and Hong Kong Employment legislation?

Desparately in need of some justice. HELP!

[KnowItAll]

You can usually take 100% of your voluntary contributions and the normal practise is that the employers top up is on a vesting schedule as mentioned to you.

A good resource for finding a solictor is:

http://www.hklawsoc.org.hk/pub_e/lawfirmdirectory/

Expect to pay $3-5K / hour for an experienced solicitor.

[KnowItAll]

And this one if you're looking for some free advice.

http://www.choosehklawyer.org/en/index.asp

[Lammarite]

Out of curiosity why do you need your lawyer to be familiar with Australian (Victorian) employment legislation?

A lot of people do not realise that you do not have to contribute to MPF if you can prove that you have an alternative pension scheme set up, something which expats, particularly transient ones or ones who do not intend to spend the rest of their lives in HK, should have and are easy to set up here.

[neatsy]

Thanks Mr KnowItAll, I will get some professional legal advice using your helpful websites.

Lammarite, the company made it compulsory for me to join its nominated MPF trustee whilst I am employed in HK. I did not have a choice. The Australian employer mandatory contribution of 9% of gross salary is much higher than the HK employer mandatory contribution. This was the reason why the company offered an additional 5% voluntary contribution on top. The entitlement to the full 5% employer voluntary contribution is our topic of discussion.