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Unethical employer--any ways to get back?

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  1. #11

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    If she had stayed, she could have reported him to the Labour Department. She may still be able to. All you have to do is fill in a form and they do the rest. You can also go to the Labour Tribunal. I'm doing this with my last firm who did not pay out holiday pay. If nothing else, just reporting them makes their life harder, if that;'s all you are trying to do.


  2. #12

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    Quote Originally Posted by SonicYouth1:
    I work in HR, specifically in internal recruitment - with the situation atm, it definitely is an employer's market out there with few jobs and many prospective candidates as a lot of people are made redundant, or working part-time from being in a full-time position.

    A few points:
    - double-pay is far from standard, companies may pay 12/13 months, it's entirely their choice and discretion to have it in their standard terms
    - the hours are not entirely unreasonable, this is a language centre, I would say many other jobs have similar hours - ie. retail, catering, hotels, even doctors. Also location - many schools aren't located in city centre for obvious reasons (they need a lot of space, on the outskirts rent more eco-viable)
    - medical insurance - I've known even educational institutions such as HK University not offering full medical, some MNCs as well as local firms don't offer as standard. Altho most do

    Overall it's about doing your research and allaying your expectations. And remember, we all have to start somewhere. Everyone has had to take lower pay than what they wanted at some point to get that experience on the way to better things later
    While I appreciate your reply, I don't think you got my point.
    The original contract was signed, and the ink was dry.
    Nothing unethical/unfair here regardless of whatever terms were here.

    Yet, the boss wants to exploit her by further adding unfavorable terms in the updated contract for her to sign.
    Threatening job and attacking her personally... which is what I believe is unethical.

  3. #13

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    Quote Originally Posted by HK_Katherine:
    If she had stayed, she could have reported him to the Labour Department. She may still be able to. All you have to do is fill in a form and they do the rest. You can also go to the Labour Tribunal. I'm doing this with my last firm who did not pay out holiday pay. If nothing else, just reporting them makes their life harder, if that;'s all you are trying to do.
    Actually yes, might recommend her to file a complaint to the labor department.
    The employer will still get a phone call at the minimum

  4. #14

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    At the end of the day this is Asia, specifically HK. By now, you should know:
    1) Landlord has greater rights than tenant.
    2) Shop has greater rights than consumer.
    3) Employer has greater rights than employee.
    4) Dollar prevails over ethics, morals and goodwill.
    Things are in reverse from your home country probably.
    I would just recommend your friend dust herself off and move on. Follow recommendation to start own business.

    Last edited by RMDNC; 27-07-2020 at 03:29 PM.
    tf19, ramelec and Jaz Paul like this.

  5. #15

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    Quote Originally Posted by RMDNC:
    A
    3) Employer has greater rights than employee.
    Having personal experience of "entrepreneurs" like this.
    3) Is not correct. The labour dept and the tribunal will burn at the stake 99.9% of employers that come before it and have contravened the ordinance. The problem is most people just role over because ( they assume ) it's less hassle.

    Another point here - there is mention of notice and the taking of wages. This is specifically prohibited and the act of intimidation seems petty clear here. I just hope it got either memorialised, witnessed or recorded to which the court would automatically require.

    Also, as I and those of us that collectively went to court against our employer, if you know others who have been treated so, then have them write an affidavit to support the case.

    For us, we beat his arse in the tribunal and when he tried to repeat it in the Small Claims and District Court, we repeated the beating so much that the company was destroyed, could not get a place to work in HK and the boss was forced to run away to Europe. Job done by not backing down and reading the law.

  6. #16

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    Quote Originally Posted by RMDNC:
    At the end of the day this is Asia, specifically HK. By now, you should know:
    1) Landlord has greater rights than tenant.
    2) Shop has greater rights than consumer.
    3) Employer has greater rights than employee.
    4) Dollar prevails over ethics, morals and goodwill.
    Things are in reverse from your home country probably.
    I would just recommend your friend dust herself off and move on. Follow recommendation to start own business.
    While this is true, there are rules and when employers break the rules, the Employment Dept DOES act. Not allowing people to take public holidays IS one of those areas where they will act. So go for it.