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  • 3 Post By shri
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Perm contract dismissal without justification during COVID-19

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  1. #1

    Join Date
    Apr 2020
    Posts
    2

    Perm contract dismissal without justification during COVID-19

    Hi all,

    I’m European resident and my permanent contract of employment has been terminated with immediate effect by my employer after being employed for more than 4 years.

    Contrary to what you might think, this was not related with the COVID-19 situation as I am the only one concerned, and there were no financial loss or cut plan communicated by my company.
    The justification provided was related to lack of performance - it was poorly justified and very much made-up/invented from my personal and colleagues point of view. Unfortunately, I didn't get the opportunity to defend myself and had to comply with it even though i didn't agree.

    I have read online and it seems to be a normal practice in Hong Kong as long as the notice period is paid (this is my case).

    However, I am wondering whether this is legal and what are the obligations and entitlements of employer and employee in this kind of situation.
    Does the employer have to provide a justification to get rid of someone?
    Is there any protection for employees against unjustified or unfair termination like this, and especially during this unique pandemic period?
    Also, my company refused to pay me a severance package because they consider I do not fulfill one of the conditions - according to the law, I should be dismissed "because of redundancy" or "laid-off".

    I would greatly appreciate any feedback or testimony of anyone experienced similar situation here in Hong Kong.

    Thank you in advance.


  2. #2

    Join Date
    Dec 2002
    Location
    ???
    Posts
    32,075

    The Labor Department, in normal times has some sort of service which can review the issue and help you out.


    For enquiry on employment rights and benefits, members of the public
    may call Labour Department’s 24-hour enquiry hotline at 27171771 (the
    hotline is provided by “1823”), or send email to [email protected].
    Not sure how overloaded they are right now.

  3. #3

    Join Date
    Feb 2005
    Location
    Island East
    Posts
    4,693

    I wouldnt hold out for much hope, they terminated you and paid you during the notice period which is all what you will get. Even if you want severance payment, they can pay that BUT the employer has the right to take that money back from their contribution to your MPF so its still a loose loose situation for you.

    To put your mind at ease still go ahead and contact the labour dept and see what they say as recommended by Shri above.

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

    shri and traineeinvestor like this.

  4. #4

    Join Date
    Dec 2018
    Posts
    2

    You might have a claim for unreasonable dismissal. Check section 32A of the Employment Ordinance.


  5. #5

    Join Date
    Feb 2020
    Posts
    11

    Is your over 4 years closer to 5 or 4 years ?


  6. #6

    Join Date
    Apr 2020
    Posts
    2

    Closer to 4


  7. #7

    Join Date
    Feb 2020
    Posts
    11

    Closer to 5 would be better if you take your case to Labour Tribunal. They are aware that alot of companies do dismissals before you get to the 5 year magic number.

    chuckster007 and shri like this.

  8. #8

    Join Date
    Dec 2013
    Location
    Hong Kong
    Posts
    10,554

    If your termination was done in accordance with your employment contract then unless you are pregnant I don't think you can complain. HK employment law has few additional protections for employees.