English teacher: Early termination of contract

[MandM!]

Not only should you not pay any fine, they still owe you for the time you've worked.

These 'penalty fees' are unlawful, meaning they're not legally enforceable and are meaningless, but it's not a crime to put unlawful terms in a contract, so companies still do, and people don't realise this.

Employers aren't allowed to 'fine' you arbitrary amounts, and it doesn't matter if you've signed a contract agreeing to them.

Your employer knows this, but they try and exploit people's ignorance. You should name them so other people can avoid them.

Penalties are legally enforceable in HK @Spambot

The only loophole for the employee is to have a probationary period which is exactly why shady employers don't give a probationary period to NETs.

[MandM!]

Employers are required to make wage payments otherwise you can report them. Deducting from salary is illegal. The employer should pay you what's owed salary wise then sue you in court for any penalties or monies owed.

Likely they won't bother with this especially if you left HK.

[Pauljoecoe]

Not only should you not pay any fine, they still owe you for the time you've worked.

These 'penalty fees' are unlawful, meaning they're not legally enforceable and are meaningless, but it's not a crime to put unlawful terms in a contract, so companies still do, and people don't realise this.

Employers aren't allowed to 'fine' you arbitrary amounts, and it doesn't matter if you've signed a contract agreeing to them.

Your employer knows this, but they try and exploit people's ignorance. You should name them so other people can avoid them.

Is that really the case? My wife works in a high profile, well paid job with a respectable organisation but does have a penalty in her contract. If there is no penalty for leaving then why have a contract in the first place? I can understand why they would given that recruiting from abroad is expensive and they may have paid for flights, relocation expenses, temp. accommodation etc etc.

Can you link me to where this information might be available?

[Spambot]

Is that really the case? My wife works in a high profile, well paid job with a respectable organisation but does have a penalty in her contract. If there is no penalty for leaving then why have a contract in the first place? I can understand why they would given that recruiting from abroad is expensive and they may have paid for flights, relocation expenses, temp. accommodation etc etc.

Can you link me to where this information might be available?

https://drive.google.com/file/d/0B3w...ZKUkNRQ00/view

8.2.1

"The parties to a contract are not permitted to impose sanctions on each other."

Basically if they're trying to recover direct losses (like those you listed) then yes, those would be valid. But 'penalty clauses' (like just arbitrary fines and sanctions) are not. Some shithouse education centres just throw them in though, because people don't know this and won't challenge it.

[MandM!]

@Spambot, I'm sure this is not the case. Do you have any official channels (labour department website, etc?) attesting to this rather than some book that is 20+ years old?

[TheBrit]

Is that really the case? My wife works in a high profile, well paid job with a respectable organisation but does have a penalty in her contract. If there is no penalty for leaving then why have a contract in the first place? I can understand why they would given that recruiting from abroad is expensive and they may have paid for flights, relocation expenses, temp. accommodation etc etc.

Can you link me to where this information might be available?

It's fine to recover moving expenses - normally there would be a limit of a year or two where they are entitled to do this. Often you see clawback clauses in discretionary bonuses these days too.

Punitive damages are a separate matter though.

[TheBrit]

@Spambot, I'm sure this is not the case. Do you have any official channels (labour department website, etc?) attesting to this rather than some book that is 20+ years old?

You've been told this many times, especially on clauses to do with leaving - restraint of trade, requirements to pay the employer their own salary till the end of contract etc.. Yet you still continue to give the same misleading advice.

Illegal clauses in contracts can't be enforced. If you sign a contract saying its OK for me to kill you it doesn't mean I can legally do it.

[MandM!]

So you are saying the only financial obligation is the payment in lieu of notice and no additional cash penalty is owed?

[Dramatist]

Seems pretty obvious that the OP cannot be made to "repay" anything, since he won't be here to get payment enforced. At the same time, even if legally he should be paid for his work (and really, he should), it could be hard to get them to cough up, if he is not here to enforce THAT.

He could try contacting the Labour Department -- but they're not much good at enforcing anything for domestic helpers, who earn very little indeed, so I don't hold out much hope that, in the time he is still here, he will get very far either. As usual, it is the "fatter cats" who succeed in keeping all the cream.

[Rachel_]

Just book your ticket to leave and don't tell them. I used to work at Monkey Tree and teachers would frequently skip town in the middle of the night to avoid the penalty.