English teacher: Early termination of contract

[Apricity]

Hi all,

I recently signed a contract at a learning centre as a NET 4 weeks ago, there's a 1.5 month penalty fee if I don't complete the 2 year contract. There is no probation period mentioned in the contract either.

However, I have an urgent family situation which means I need to go back home for quite a while almost immediately.

I checked HK's labour law website, and because I haven't worked there for more than 4 weeks, it isn't considered a continuous contact yet.

Will I be able to terminate my contact early with no notice, in lieu of payment and without penalty if I have worked in the centre for less than 4 weeks?

Thanks

[shri]

Take a look here and see if your situation falls into one of the identified slots. Make sure you are confident that there is nothing in your contract which you've agreed which might invalidate your claim - they might say no notice, but a penalty or costs are due. I am not too sure how that works.

https://www.labour.gov.hk/eng/public...09.pdf?noembed

[Apricity]

Thanks for your reply shri, I think my situation is under table 2 since I haven't worked there for more than 4 weeks (not a continuous contract).

I really do need to go back home ASAP. Before I signed the contract, my boss sent me an email saying that a former teacher had to leave early due to family issues and didn't have to pay the penalty. I hope it's the same case now.

[chuckster007]

Just leave, its not like they are going to come chasing you when you havent even worked there for 4 weeks. Tell them you have to go as well and leave.

[Apricity]

Thanks chuckster007, yeah that's what I'm thinking about doing but will I be able to resign immediately?
I'm already looking for flights for tomorrow...

[chuckster007]

Thanks chuckster007, yeah that's what I'm thinking about doing but will I be able to resign immediately?
I'm already looking for flights for tomorrow...

Its not like they will kidnap you or hold you for ransom lol, you wont get paid for the amount of time that you have worked so forget about that if you think you are entitled to that money.

Hand in notice saying you have family emergency and you need to leave HK tomorrow, apologize and leave the school. pack your stuff up before handing in notice so you can walk straight out immediately.

Did this school get you a work VISA??

[Apricity]

Haha that's true, yeah I'm not expecting to be getting my pay this month so that's not an issue for me.

I just don't like having abrupt goodbyes since it's not very professional but there's not much else I can do...

No luckily I have a HK ID card so I don't need a working visa.

[shri]

there's a 1.5 month penalty fee if I don't complete the 2 year contract

This is different from a notice period. Technically this might not be worded as a notice, but might be worded as expenses due or whatever.

Regardless, as long as you're genuine about it, family comes first and we'll not judge you.

Your employer on the other hand...

[Spambot]

Hi all,

I recently signed a contract at a learning centre as a NET 4 weeks ago, there's a 1.5 month penalty fee if I don't complete the 2 year contract. There is no probation period mentioned in the contract either.

However, I have an urgent family situation which means I need to go back home for quite a while almost immediately.

I checked HK's labour law website, and because I haven't worked there for more than 4 weeks, it isn't considered a continuous contact yet.

Will I be able to terminate my contact early with no notice, in lieu of payment and without penalty if I have worked in the centre for less than 4 weeks?

Thanks

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.

[Spambot]

Haha that's true, yeah I'm not expecting to be getting my pay this month so that's not an issue for me.

You should be, but that's up to you I guess.

No luckily I have a HK ID card so I don't need a working visa.

Do you mean you're a permanent resident?