Like Tree23Likes

Do I need to supply departing employer with contract for new company (IR56G/F)

Reply
Page 1 of 3 1 2 3 LastLast
  1. #1

    Join Date
    Jun 2022
    Posts
    17

    Do I need to supply departing employer with contract for new company (IR56G/F)

    I have recently resigned from my job and signed a contract with a new company. HR with my previous employer is requesting a copy of my contract with the new company, they say it is required to submit with an IR56F form. If not they will submit an IR56G form.

    I don't feel comfortable supplying this to my previous employer, the HR there are particularly difficult to deal with and i'm concerned they will cause issues for me. Do I need to give them this? The new contract states private and confidential.

    Am I within my rights to request that I submit the IR56F myself?

    Last edited by O_O; 08-09-2022 at 09:24 PM. Reason: G and F swapped

  2. #2

    Join Date
    Sep 2018
    Location
    Hong Kong SAR China
    Posts
    1,926

    You don't need to give them that. In fact it's always prudent not to tell your ex employer who your new employer will be.

    Let them submit the wrong form then tell IRD what happened. You may need to give give IRD the new contract, to prove it.

    shri, O_O and LifeInHK like this.

  3. #3

    U can Take a look at the IR 56F on the Ird website. It doesn’t require it the details of your new employer

    O_O likes this.

  4. #4

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,299

    What a SH!T HR from that previous company, tell them to FECK OFF!!!!!

    O_O and tura like this.

  5. #5

    Join Date
    Jun 2022
    Posts
    17

    Hi again, I told HR that I couldn't provide them with the new contract and now they are witholding my final paycheck until I do... What is the best place to get official advice on this? The HK Labour hotline? 2717 177


  6. #6

    Join Date
    Dec 2014
    Location
    Hong Kong
    Posts
    305

    Yes, Labour Department can help.

    Quote Originally Posted by O_O:
    Hi again, I told HR that I couldn't provide them with the new contract and now they are witholding my final paycheck until I do... What is the best place to get official advice on this? The HK Labour hotline? 2717 177
    shri likes this.

  7. #7

    Join Date
    Jul 2016
    Posts
    74
    Quote Originally Posted by O_O:
    Hi again, I told HR that I couldn't provide them with the new contract and now they are witholding my final paycheck until I do... What is the best place to get official advice on this? The HK Labour hotline? 2717 177
    Do "telling" them by email, ask:
    - final payment
    - IR56F form.

    Both need to be within 7 days of your last day. If they're overdue > 7 days since your last day, "interest" is due for longer payment. However in the rules there is no specific interest rate set. Suggest them to contact Labour department if they have any more confusions about payment.
    You don't need to provide evidence to ex company, they need to trust your words whether you're departing HK or changing the job. It's the rules.

    You can also mention that willfully submitting IR56G when you've notified the need of IR56F is not right:
    they will have to put there false departure-related information that you've never provided. IR56G is not for your advantage, if they submit it they have the right to hold final payment until you sort out your tax.
    Beanieskis likes this.

  8. #8

    Join Date
    Aug 2009
    Posts
    2,634

    They probably worry you leave HK in which case they are obliged to withhold your last salary as withholding for tax

    Show them your visa stamp with the new employer

    If you have a permanently ID , show them that and formally ask them to pay out

    shri, tura and LifeInHK like this.

  9. #9

    Join Date
    Jul 2016
    Posts
    74
    Quote Originally Posted by cookie09:

    Show them your visa stamp with the new employer

    If you have a permanently ID , show them that and formally ask them to pay out
    None of this is required by rules. How much it's possible to cooperate and have mutual understanding with ex-employer varies, and OP's case doesn't seem to be on a bright side of it.
    shri likes this.

  10. #10

    Join Date
    Jun 2022
    Posts
    17
    Quote Originally Posted by cookie09:
    They probably worry you leave HK in which case they are obliged to withhold your last salary as withholding for tax

    Show them your visa stamp with the new employer

    If you have a permanently ID , show them that and formally ask them to pay out
    I don't have my new stamp yet, the visa transfer is still being processed. I don't have permanent id either, i'm on a GEP visa

Reply
Page 1 of 3 1 2 3 LastLast