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LAbour law in hk

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  1. #1

    Join Date
    Mar 2011
    Posts
    144

    LAbour law in hk

    hi, i've been working in a marketing company locally and was hired part time only recently, then since last january the director/owner of the comapny didn't pay my salary, it's been over 2 months and his excuse is he's having financial troulbe and is waiting on a contract and once he gets the money he will giev me my salary.

    now everything was going fine and professional, i was getting my salary and everything but only recently he's stopped. he's not confirming either when he'll pay, he keeps saying he's waiting on the confirmation of the contract and as soon as he gets it he will pay. now i can't wait that long and am having financial problems, he's not willing me to quit either, his website is working fine, which i have personal access to and have partially built, he wants me to stay but keeps apologizing and says he will pay just need time.

    what should i do, should i trust him and stay and wait? or should i go to labour department and lodge a complaint and a case? i have the contract and everything, so i can go to labour department but what do you think, is this a fraud case or is he telling the truth cuz i don't want to quit but i can't wait with no money in my account.

    pls advise.

    thanks


  2. #2

    Join Date
    Oct 2005
    Posts
    14,444

    Labour department

    He's breaking the law by not paying you on time.

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  3. #3

    Join Date
    Dec 2009
    Location
    Sai Kung / Clearwater Bay
    Posts
    1,520

    i think you need to face him, explain your predicament, try to cajole him first.. because once you threaten him with the labour department the relationship will sour, yes the LD may help, but perhaps not in time for your next rent cheque.

    Small businesses are hell!

    on another tact; ask him since he is asking you to "share" the risk will he share the profit, and of course you need an advance from it now since you are starving to death!

    Football16 and anthro like this.

  4. #4

    Join Date
    Mar 2011
    Posts
    144

    he says he's not in the office since he's not paying his office rent or bills, but he doesn't want me to resign either, he's asking me to wait and buy time till he gets his contract set up then he'll pay back all my salary.

    so you think it's best if i go to labour department, since he's not even willing to face me, or should i jsut tell him i will go to labour department and i resign and pay me before the end of the month which i'm sure he won't.

    so what should i do the final solution? is this guy genuine, having financial problem, or he's just fooling me, waiting to pack up and leave. I still have contract and access to his website and some personal contacts, i can try to put out bad names on his company.

    should i wait or go to labour department now/ i'm confused


  5. #5

    Join Date
    Oct 2007
    Posts
    1,255

    Whether he is a good guy or not and whether he is lying or not, he has an obligation to pay you for work carried out, as per your contract. There is no excuse. If he is waiting for money to come in then he should make cuts elsewhere.Paying the staff should be the number one priority. Get legal advice. Don't put "bad names" on his website.

    Last edited by shenwen; 24-03-2013 at 06:19 PM.
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  6. #6

    Join Date
    Feb 2010
    Posts
    7,390

    This guy wouldn't be Swiss by any chance?

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  7. #7

    Join Date
    Mar 2011
    Posts
    144

    thanks, i guess i'll have to call the labour department then.


  8. #8

    Join Date
    Mar 2011
    Posts
    144

    indian. that's why i don't trust'em.

    charliechapman likes this.

  9. #9

    Join Date
    Feb 2010
    Posts
    7,390
    Quote Originally Posted by anthro:
    indian. that's why i don't trust'em.
    He is playing you mate.

    If he has to get a work visa every year he can have alot of issues getting it renewed once he has a black mark against his name.

    Reason why I mention Swiss is a had a problem with one not paying his bills. He had some problem with his employee whom was technology savvy and sent out an email to everybody in his database that he was a wanted man in Germany, don't trust him, he doesn't pay bills etc.

    He ended out owing me about 25k. He is still doing the rounds in hk.

    Get to labour department, or get legal advice and find another job.
    Last edited by virago; 25-03-2013 at 07:07 AM.
    anthro likes this.