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Leave HK & breaching employment contract

  1. #11

    Join Date
    Oct 2014
    Posts
    298
    Quote Originally Posted by Claire ex-ax
    Theoretically, I would say don't sign such a contract.
    What, and miss the security it gives? Isn't it brilliant to have a security that we will receive at least 3 months salary if company want to terminate our contract while at the same time we keep the flexibility to terminate the same contract without any penalty, and, more importantly, no guilt at all?

    There is no such thing as two way right and obligation, is it?
    HK_Katherine, jrkob, shri and 1 others like this.

  2. #12

    Join Date
    Oct 2014
    Posts
    2,043

    Based on the OP's username I think he has bigger problems than an employment contract...


  3. #13
    cokelover1
    Quote Originally Posted by merchantms
    Based on the OP's username I think he has bigger problems than an employment contract...
    Ahem. the username is just something I dreamed up. I'm not a big soda fan and I've never touched drugs in my life... lol

    So... the consensus is, yeah they could go after me, but the trouble of doing so, especially overseas, would be too much trouble for most. Good to know. thx

  4. #14

    Join Date
    Nov 2009
    Location
    Tuen Mun
    Posts
    1,681
    Quote Originally Posted by jrkob
    So penalties shouldn't be imposed when you break a contract ? Why is this "bad" ? So weird.
    By your logic I'm a bad landlord if my tenant flee and I keep his deposit ?
    Reasonable penalty clauses, by all means, but a language centre which is worth its salt, and treats its employees well, does not need to have such a draconian penalty clause: management will take the effort to employ qualified and experienced staff of (as far as can be determined) good character, and treat them well. In return, staff will return the favour.

    Maybe, if one is on an "expat package" and hard to replace, an effective loss of 6 months pay is considered reasonable (the contracts I have seen of this nature also normally include a "gardening leave" clause), but language centres which normally have this kind of clause in their contracts are, IME, the ones who employ caucasian, do-you-want-fries-with-that BA grads, pay them peanuts, treat them like dirt, and will replace all the "runners" within a week (visa an optional extra).
    Last edited by chingleutsch; 05-08-2015 at 06:15 PM.

  5. #15

    Join Date
    Feb 2015
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    Hong-Kong
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    chingleutsch, I have no experience with the education sector but I agree with your idea of a reasonableness to the "penalty".

    Especially because of the following: but rather than attempting to summarise in my non-native English... let me post screenshots of what I mean about what a "penalty" must mean to be enforceable at HK Law. You seem to say that it is extremely easy for learning centers to find replacements, and if the OP is in this sector and gets in trouble, may be he can use this as a defence.






    As a side note, I just found the following case. It involves a local learning center suing a former teacher for breaching a non-competitive clause. Not only is the teacher local, but also the non-competitive clause was very long, 1-year (#6 in the Judgement for your convenience) !

    Result


    The below case also involves a local school in Yuen Long suing former teacher for breach of non competitive clauses (6 months, see #8).

    Result


    I just post this as an FYI, and apology to the OP for the threadjack !


  6. #16

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    Feb 2015
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    Arghh why are my screenshots posted in landscape mode, original files are in portrait. Nevermind.

    MandM! likes this.

  7. #17

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    5,024

    Mind boggling how many people come here and get into these situations. Cheap labour.

    Read your contract again and check the clauses. Do you require both a 3 months notice and payment or either or.

    In theory, you should try to resolve this in the correct way, which is done simply by discussing with your employer. If you work for a dodgy learning centre, then you are probably not going to get anywhere, but most other companies might be willing to discuss. It's all a negotiation, explain you want to leave and see if you can comprise with 1 month or help find a replacement or whatever. Then get a release letter mutually agreeing to terminate the contract early with no further monies owed and a reference letter in case you want a job in the future in HK.

    If your employer doesn't want to help, then yes, you could leave Hong Kong. I mean it's like you're saying, hey can I skip out on this credit card bill, will they come after me. After all, you did enter into an agreement, so try to be civil about it. It's a small world and karma comes back. Yes, you can leave. You can most likely come back. You might have trouble working or getting another visa in Hong Kong depending upon your employer, as you might need a reference letter for future visa applications. I doubt they would take it beyond that, unless you worked for one of their competitors. This is the case for Hong Kong, and some countries could potentially block you from leaving (like China) if there is an employment dispute, but HK is quite free.


  8. #18

    Join Date
    Mar 2019
    Posts
    1

    What ever happened?


  9. #19

    Join Date
    Jul 2014
    Location
    Old London Town
    Posts
    148

    Thinking about it slogberry?


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