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  • 3 Post By Daniel08
  • 1 Post By Paxbritannia

Contract Amendment

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  1. #1

    Contract Amendment

    Hi there!

    My contract allows me to have 14 paid annual leave days each year. However, due to COVID, our HQ's amended our contracts to only have 10 annual leave days now. I was not made aware of this change through verbal or by written means and HQ has admitted that they had not notified any of their employees of this.
    However, they explained that because they are the boss, they can make amendments to their contract unilaterally. I have just used the last 4 days of my 14 annual leave days and have just been told that I will not be paid for the 4 days because it is only 10 paid days now.

    They said that I could consult the HK Labor department about this and that they would agree with my HQ. I cannot find anything about this on the Labor department and was wondering if a company can amend their contract without notifying their employees.


    Thank you


  2. #2

    Join Date
    Apr 2014
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    349

    I am not an expert in labor laws but i am pretty sure that of course they can you modify your contract but they have to notify it to you first to know if you agree about it. It will be too easy and subject to too much abuse if they can do what they want without any prior notice or agreement between the 2 parties....
    Also important thing is that even they didnt notify you about this modification, they have the obligation to give you a copy of the new contract.


  3. #3

    Amending details in a employer contract requires agreement on the amendments by both parties, like any other type of contract...straight up BS what your HR says.
    Imagine them cutting one's salary without notifying that person. No one would agree with that right..

    mrgoodkat, hullexile and shri like this.

  4. #4

    Join Date
    Aug 2013
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    The World
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    1,948

    They are trying to bluff you. Sounds like a nasty bunch to work for - I would recommend changing jobs if you can and then suing them. Definitely push back on the nonsense - you can't vary contact terms without giving notice and without there being consideration in exchange for the change in terms.

    JAherbert likes this.

  5. #5

    Join Date
    Jul 2006
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    3,886

    I've only ever had one employment contract with this clause: Which I balked at at the time, but had to accept. It was never used.

    Does your contract contain such a paragraph?

    23. Further Details and Changes in Terms and Conditions
    The Company reserves the right to vary the terms and conditions of your employment (including your job profile) if the Company considers it reasonably necessary to do so.

    Further information regarding your employment is set out in the Company Staff Handbook, which may be amended by the Company from time to time. It does not form part of your contract. If what is written in the Handbook differs from any part of this Agreement, the terms of this Agreement will prevail.


  6. #6

    Join Date
    Aug 2020
    Posts
    542

    Wow, what a dick move by the company. Are you sure you still want to continue working there?

    To answer your question, you'd probably need to look at the terms of the contract. I would think if there is a stipulated length of contract, it would probably be difficult to change the terms even if there was a clause that allowed the employer to change it up at their whim. Labor laws are crap in Hong Kong and most of them are there to protect the employer.


  7. #7
    Quote Originally Posted by Paxbritannia:
    They are trying to bluff you. Sounds like a nasty bunch to work for - I would recommend changing jobs if you can and then suing them. Definitely push back on the nonsense - you can't vary contact terms without giving notice and without there being consideration in exchange for the change in terms.
    +1.

    Quote Originally Posted by TankdynHK:

    However, they explained that because they are the boss, they can make amendments to their contract unilaterally. I have just used the last 4 days of my 14 annual leave days and have just been told that I will not be paid for the 4 days because it is only 10 paid days now.


    Thank you
    And what did you say to this? Anyone can clearly see this is BS and if that were the case then they could simply do anything they wanted such as reducing salary, or cutting annual time in half and answer "I'm the boss, I can do what I bloody well like!"


    Quote Originally Posted by Sage:
    I've only ever had one employment contract with this clause: Which I balked at at the time, but had to accept. It was never used.

    Does your contract contain such a paragraph?

    23. Further Details and Changes in Terms and Conditions
    The Company reserves the right to vary the terms and conditions of your employment (including your job profile) if the Company considers it reasonably necessary to do so.

    Further information regarding your employment is set out in the Company Staff Handbook, which may be amended by the Company from time to time. It does not form part of your contract. If what is written in the Handbook differs from any part of this Agreement, the terms of this Agreement will prevail.
    That could be the case; however, don't you think the boss would have given this as the reason/answer? i.e. I can change the contract because of clause 23 which gives me the right. Though the OP should have a look at his/her contract to check!