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My boss has not paid the last two months of my salary; what can I do?

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  1. #11

    Join Date
    Aug 2007
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    1,214

    Take legal advice on the appropriate procedure for terminating your employment and no more.


  2. #12

    if OP takes the case to labour dept, would that affect op's future employment too? If the new prospective employer finds out a case against op's last employer thinks twice about hiring?


  3. #13
    Quote Originally Posted by howareyoutoday:
    As business wasn't going well, we renegotiated a new contract halfway April with a pay cut on my side. However, my boss kept stalling the payout of my salary until mid-May, when he finally told us they won't pay us until new revenue came in (either through government subsidy or revenue) as they don't have enough money on the bank.
    In my experience, once you're getting these signals, get out ASAP and find something else. Anything else; if they start not paying you and not paying the rent, that means they either have no money or no intention of paying - either way that's usually the end.

    My ex-boss resides overseas and has since closed down the office in Hong Kong.

    This is certainly going to make matters harder. I assume it will be nearly impossible to get anything unless you can file a case in his home country (quite possibly your contract says something about where any disputes will be discussed) but you cannot really tell until a specialised lawyer looks into your case.

    Can I call him out through LinkedIn for instance, naming and shaming him?
    Remember that this generally looks worse on you than on him, as unfair as that may be. Don't do anything that future bosses might see and could dissuade them from hiring you.

    In short: swallow the bitter pill, move on, and do get professional legal advice but don't expect too much. I do know about a similar situation where a company was forced to pay out not just back salary but also compensation, but that was in a situation where there was a very strong bond between both countries and getting legal action was easy.

    Again, this is something you would probably need to discuss with a lawyer, based on the actual details of the case. Edit: try to get the lawyer on "no cure no pay basis" so it won't bankrupt you if it doesn't work.

  4. #14

    Failing to pay wages on time is an offence. You can file a complaint with the Labour Department. Historically, they have been pretty quick to go after employers who breach the Employment Ordinance. Even if it does not result in you getting what you are owed, a conviction against the company and any officer responsible for the payment will haunt them for a long time to come.

    See Q 3 of the FAQ: https://www.labour.gov.hk/eng/faq/cap57c_whole.htm#q3

    angeluscomplex likes this.

  5. #15

    When you have the right fight for it. If you think its not worth then forget about 2 months you work for. Nowadays every single penny is crucial. At the end of the day your mind will seek peace and you will acquire that if you have what you deserved.