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Leave HK & breaching employment contract

  1. #1
    cokelover1

    Question Leave HK & breaching employment contract

    Theoretically,

    If I had a contract for a job that not only required 90 days notice but ALSO 3 months pay in penalty for termination of contract, what is the worst that could happen if I just up and left the country?

    I assume that the contract is only enforceable while in HK, but I think the worst they could do is get a judgement against me in abscencia in the employment tribunal.

    Would this prevent me from seeking employment or visiting for tourism HK in the future? Are there any other drawbacks?

    Thx


  2. #2

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    Doubt the employer willl pursue a criminal route, you should be able to reenter.

    Worst case you have to explain your gap in the resume, as I don't think you should include that employer in your work history.

    Have a GeoExpat related problem - please create a support ticket.

  3. #3

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    Based on what he said, there's no ground for criminal charges at all.
    However, the OP is wrong in assuming that his employment contract is enforceable only while he's in HK. That would be too easy right, anyone who would want to escape performing under a contract would just have to leave HK to render the contract unenforceable ? No the Law doesn't work that way. Not in HK anyway. Of course whether the contract will be enforced, is another story. His employment contract is enforceable, wherever he decides to go.

    Last edited by jrkob; 05-08-2015 at 12:19 PM.
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  4. #4
    cokelover1

    Why would the contract be enforceable outside HK? Even if they wanted to sue for damages, the contract is subject to the laws of HK and thus must be filed in a HK court. I don't see the USA extraditing a US citizen for such a small offense.

    I'm more worried if I could ever vacation in HK again...


  5. #5

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    Theoretically, I would say don't sign such a contract.

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  6. #6

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    Quote Originally Posted by jrkob
    Based on what he said, there's no ground for criminal charges at all.
    However, the OP is wrong in assuming that his employment contract is enforceable only while he's in HK. That would be too easy right, anyone who would want to escape performing under a contract would just have to leave HK to render the contract unenforceable ? No the Law doesn't work that way. Not in HK anyway. Of course whether the contract will be enforced, is another story. His employment contract is enforceable, wherever he decides to go.
    How? Good luck with that!

  7. #7

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    The employment contract to is key. Having a clauses saying the lawn of HK is applicable doesn't mean the legal forum is limited to HK.

    This would be a civil action not acriminal one unless I am missing something? I can't imagine why they would sue unless you were very high level in the companyor if there were other issues such as allegations of theft, poaching staff or clients etc which doesn't sound likely.

    Last edited by Loz_2; 05-08-2015 at 12:46 PM.

  8. #8

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    Quote Originally Posted by Loz_2
    Having a clauses saying the lawn of HK is applicable doesn't mean the legal forum is limited to HK.
    Exactly. A HK Law-governed contract may be enforced outside HK. The claimant would have to find a link between the contract, and the jurisdiction where he wants to enforce (in the case of the OP, his nationality will be where to try enforcing the contract).

    Whether a company would go into all this trouble to recoup small amounts, of course is another story. If the OP's company is small enough, I presume the risk is very low. I work for a large company and I have a feel that our Legal department would try making my life miserable if I was trying something like this (they know where my bank accounts are and can pump money from them with a court order etc).
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  9. #9

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    If this is a language centre, it is HIGHLY unlikely they will chase you. For future reference, in such places this clause is often the indicator of a bad employer who feels the need to try and scare employees into staying the full length of the contract.


  10. #10

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    Quote Originally Posted by chingleutsch
    in such places this clause is often the indicator of a bad employer
    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 ?
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