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End of contract and notice question

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  1. #1

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    Question End of contract and notice question

    Hi all. I have a contract question I wonder if somebody knows the answer to or suggestions on where to get answers.

    My friend works at an education centre and his contract ends Dec 31. He doesn't want to keep working there after then and told them that when they just asked. Well they are saying he has a 1 month notice period in his contract he has to give and should have given it on the first. He assumed it was over on the 31st so why bother giving notice. They want him to work longer or pay in luie.

    To me that makes no sense. Contract ends its done, it is their fault for not updating it when one month is left.

    Is that legal here in HK? Can they really hold you to work past contract date if no notice was given?


  2. #2

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    What does it say in the contract? (There is nothing in the Employment Ordinance that specifically addresses this, although technically the contract will expire at the end of the fixed period.)

    Notice is usually only required if the contract is to be terminated, or if the contract is to be renewed.

    Last edited by Claire ex-ax; 15-12-2015 at 05:15 PM.

  3. #3

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    Hmm. I'll ask and get back to you when I find out. I didn't know contracts could have an "auto renew" feature. Thanks.


  4. #4

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    Quote Originally Posted by Tongbaos:
    Hmm. I'll ask and get back to you when I find out. I didn't know contracts could have an "auto renew" feature. Thanks.
    I'm not talking about an auto-renew.

    The Labour Department will be able to help your friend. No charge. It's only an issue if the person has been working illegally, in which case not a leg to stand.
    Last edited by Claire ex-ax; 15-12-2015 at 05:20 PM.

  5. #5

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    Ok. I replied before your edit. So in original context I mistook what you stated. I get what you are saying now.


  6. #6

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    Contract finishes you leave. What a load of Tosh by the education centre trying to bully the staff. like Claire-ex said, tell your friend to ask labour dept for free advice. Also look at the contract more in depth to see the actual wordings.


  7. #7

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    Most contracts have a notice period written in as it gives the employer the chance to find a replacement rather than leaving them high and dry.

    I don't see what the issue is here if it's included in the terms?

    chingleutsch likes this.

  8. #8

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    Quote Originally Posted by Trebor:
    Most contracts have a notice period written in as it gives the employer the chance to find a replacement rather than leaving them high and dry.

    I don't see what the issue is here if it's included in the terms?
    Now I'm wondering about the employer. They didn't renew the contract, so depending on the wording in the contract they too might have be required to give one month's notice.

  9. #9

    Tutorial centres are notorious for trying this bullshit with young staff who don't necessarily know any better. Tell your friend to read his contract. If what the tutorial centre is claiming is not explicitly stated then of course it is bullshit. The contract is over. End of story.

    chingleutsch likes this.

  10. #10

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    Unfortunately there are plenty of language centres out there who do include a contract clause to the effect that the employee needs to give 1, 2 or even 3 months notice if they don't intend to renew. Yes, it's to give them time to find a replacement - but if the places are any good, they should have potential teachers lining up to work with them ... (and there won't be very many vacancies, either, because the staff won't be leaving so often).

    wtbhotia and eastside_gweilo like this.

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