Potential Violation of Employment Ordinance

[Alzthehero]

curious, what industry are you in ?

leaving without a proper closure is tricky... if there is too big a gap (2years), in future, when future employer ask for a letter of reference or do a cross reference check of you before offering you a job, you might be hit with some marks and cause you problem in getting the new role.. especially if those jobs are in banks and large listed companies

I won’t have too big of a gap since my next job starts in mid-October this year and since the new position will be in a completely different field (I work in financial printing now and will transition into Regtech/fintech)

Honestly I have a pretty good working relationship with the management and getting them to be a reference wouldn’t be a problem in the future.

[MABinPengChau]

Just walk away. Make it their problem to reclaim the money. They probably won't bother and even if they do, how would you be worse off?

If they are being unreasonable dicks, don't be a doormat.

Or just stick with your notice and don't pay.


HK people will absolutely put provisions in their contracts that are against the law- you confirmed for yourself that paying the remainder of the contract is against labor laws.

For example, people put in crazy non-compete provisions that are totally against the law, we had that with someone at my work- the former employer sent a couple of strongly-worded letters by courier but nothing happened at the end of the day.

Doesn't sound like this will be a great work reference anyway.

There is no way I would pay and they will probably just send a few nasty letters but will not pursue it as no court is going to enforce this provision.

Good luck!

[Alzthehero]

Or just stick with your notice and don't pay.


HK people will absolutely put provisions in their contracts that are against the law- you confirmed for yourself that paying the remainder of the contract is against labor laws.

For example, people put in crazy non-compete provisions that are totally against the law, we had that with someone at my work- the former employer sent a couple of strongly-worded letters by courier but nothing happened at the end of the day.

Doesn't sound like this will be a great work reference anyway.

There is no way I would pay and they will probably just send a few nasty letters but will not pursue it as no court is going to enforce this provision.

Good luck!

So do I play dumb until my notice is over and quietly leave? When they have the exit interview and ask me to pay up the outstanding amount what do I say?

[MABinPengChau]

Yes, play dumb. Tell them you will pay in installments with your new salary or whatever fabrication you like. Our employee said he was going to work somewhere else...in another country.

I have clients all the time want to put crazy things in contracts but they are provisions that are unenforceable because they are against laws or policies. You can tell them this but they want them in anyway when everyone knows they can't be enforced. They think they are being clever or can scare people into doing what they want and it does work from that perspective, occasionally.

And our employee was sent letters at our office, not his home address, to make it more intimidating. Whatever. Kind of like when a little dog is yapping at you and acting like you should be scared but you ignore it.

I get that it is an unpleasant situation and you didn't want to leave like this but you aren't the one who wrote the employment contract this way...

[Alzthehero]

Yes, play dumb. Tell them you will pay in installments with your new salary or whatever fabrication you like. Our employee said he was going to work somewhere else...in another country.

I have clients all the time want to put crazy things in contracts but they are provisions that are unenforceable because they are against laws or policies. You can tell them this but they want them in anyway when everyone knows they can't be enforced. They think they are being clever or can scare people into doing what they want and it does work from that perspective, occasionally.

And our employee was sent letters at our office, not his home address, to make it more intimidating. Whatever. Kind of like when a little dog is yapping at you and acting like you should be scared but you ignore it.

I get that it is an unpleasant situation and you didn't want to leave like this but you aren't the one who wrote the employment contract this way...

Wow. Well this seems like the best option for now, just hope they won't take me to court or keep sending me letters that aggressively. Thanks a ton for the tip!

[freeier]

my comment is still, if you do that, be prepared that you don't get a letter of reference on your 1.5years working in this company (a simple letter to future employer stating that YYYY has worked in our company from Jan 2017 ~ Oct 2018)... and that can be tricky in future especially if you are finding a new job in a large corporation.. these letters of reference are required by new employers.

[MABinPengChau]

Ask for the letter on the last day- neutral statement that you were employed by X company for Y dates. Make sure it is chopped.

[JAherbert]

I’ve tried every avenue to see if they could be willing to negotiate but nope they’re just pulling their corporate card and dodging everything.

you have mentioned HR a few times, do you know the Directors? a quick word with a director with some common sense could easily override HR nonsense.

[Alzthehero]

you have mentioned HR a few times, do you know the Directors? a quick word with a director with some common sense could easily override HR nonsense.

I've got a meeting scheduled with the CEO so I'm hoping she'll be able to be reasonable. Is there anything I should say to her that would make her see my side of things? Will post an update afterwards!