Issue of leave encashment upon resignation

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  1. #11

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    Quote Originally Posted by Katanga:
    To Freeier's point - I worked at an IB and I resigned recently but as an MD I was asked to leave within 2 weeks and when I asked for my balance of leave to be off-set against my notice period (in my case, gardening leave) the simple response was no - I have to do the garden leave for the full 3mths and they encash my leftover left at the end of it.
    you have 3 months of holiday leave?!?!?! wow... IBs really have their cake and eat it...

  2. #12

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    That's not specific to IBs. Senior management in many industries have a 3 month (or even 6 month) notice period.


  3. #13

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    I think you will find it is pretty standard for senior position, not only in IB's, to have a 3 month gardening leave.


  4. #14

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  5. #15

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    This raises an interesting question - is it the law in HK that all and every company in HK must give an employee 3 official written notices before they can ask her/him to leave? Or can company policy overwrite this?


  6. #16

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    No contract can override the law. Dismissal without cause requires notice (unless within a maximum of one months probation period agreed in the contract). The notice can be agreed in the contract with a legal minimum of 7 days. Termination payments may also be due.

    For disciplinary offences (dismissal with cause and without notice) then the guidance from the Labour Department says:

    Termination of Employment Contract Without Notice or Wages in lieu of Notice
    An employer may summarily dismiss an employee without notice or
    payment in lieu of notice if the employee, in relation to his employment:
    1. willfully disobeys a lawful and reasonable order;
    2. misconducts himself;
    3. is guilty of fraud or dishonesty; or
    4. is habitually neglectful in his duties.
    Taking part by an employee in a strike is not a lawful ground for an
    employer to terminate the employee's contract of employment without
    notice or payment in lieu.

    NOTE : Summary dismissal is a serious disciplinary action. It only
    applies to cases where an employee has committed very
    serious misconduct or fails to improve himself after the
    employer's repeated warnings.
    If a dismissed employee feels these conditions are not met then he can go to a Labour Tribunal where the employer would need to demonstrate the "repeated warnings" and hence most companies have a policy of at least two written warnings before dismissal for cause.
    Last edited by PDLM; 24-06-2009 at 06:05 PM.

  7. #17

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    how would they prove :habitually neglectful ??


  8. #18

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    By having given you written warnings highlighting the neglect.