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In a bit of a strife - workwise

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  1. #1

    Join Date
    Dec 2017
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    In a bit of a strife - workwise

    Well it seems my position at my company may be terminated, would like to seek for advice to see what can I do in this case. So I haven't been given any written warning but my manager said I had made some critical mistakes & implied that enough is enough.

    In my position, can she just terminate with no PIP or written warning? I've got 2 months notice plus 20+ holidays still to take. Worst come to worst, I've got a feeling they may offer 1 month gardening leave plus money in lieu of holiday days but ask me to leave in a week, in return for my resignation (ie. On record that I wasn't fired). However I heard that this isn't worth the paper it's written on.

    My feeling is that I should just stick it out to the end, I've got a mortgage to pay after all. And who cares if they fire me, as the official leaving reason. Any help appreciated


  2. #2

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    If you are pretty sure you're going to get fired the first thing to do is start looking for a new job.

    There are no requirements for PIP or anything else like that. Your employer just needs to give you your notice of pay in lieu.

    JAherbert likes this.

  3. #3

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    Your company may have policies, but except in very specific circumstances (e.g. if you're pregnant) there's very little to stop a company in Hong Kong just telling you to clear your desk and get out today, assuming they fulfil contract requirements like paying for notice and holiday time.


  4. #4

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    Thanks guys, how about if I resign? So that it doesn't go on record that I was fired. Then does the 2 months notice still stand or its just mutual agreement


  5. #5

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    Quote Originally Posted by Nathlal:
    Thanks guys, how about if I resign? So that it doesn't go on record that I was fired. Then does the 2 months notice still stand or its just mutual agreement
    Usually the notice period is bilateral. If you haven't actually been fired yet, you can have your resignation ready so if it comes to the meeting you can say "actually, I resign". That way, if it turns out you weren't going to be fired you don't end up unemployed.

    In the meantime maintain professionalism and look for a new job so you have a plan to get out of this situation.

  6. #6

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    It's probably best if you refer to your contract with your company. It should state how much notice you need to give for resignation, or payment in lieu of notice. I believe, at the minimum, it must be according to HK Employment Ordinance https://www.labour.gov.hk/eng/faq/cap57d_whole.htm


  7. #7
    Quote Originally Posted by Nathlal:
    Thanks guys, how about if I resign? So that it doesn't go on record that I was fired. Then does the 2 months notice still stand or its just mutual agreement
    There are plusses and minuses to this.

    If you resign, you get to say you resigned on your CV (as you said). You will serve out contractual notice and get what you are entitled under your contract.

    If you let them fire you, you may get a little more because many companies offer a little more than contract when terminating an employee + you may get a little more time to find a new job. Depending on where you work, you may get put on garden leave which basically means you get paid for doing nothing.

    If you do resign, do not offer to leave earlier than the contract notice period.

  8. #8

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    Quote Originally Posted by Nathlal:
    So that it doesn't go on record that I was fired.
    What record? Just put start and end dates of employment on your CV.
    bak875 likes this.

  9. #9

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    Quote Originally Posted by TheBrit:
    What record? Just put start and end dates of employment on your CV.
    Reference check from the next employer? 'Why did this person leave?'

    Another one I have seen. Would you rehire this person.
    Sage likes this.

  10. #10

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    Dec 2017
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    Quote Originally Posted by traineeinvestor:
    There are plusses and minuses to this.

    If you resign, you get to say you resigned on your CV (as you said). You will serve out contractual notice and get what you are entitled under your contract.

    If you let them fire you, you may get a little more because many companies offer a little more than contract when terminating an employee + you may get a little more time to find a new job. Depending on where you work, you may get put on garden leave which basically means you get paid for doing nothing.

    If you do resign, do not offer to leave earlier than the contract notice period.
    That's true, although I've only been there for 9 months

    For sure, I won't offer to leave earlier

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