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In "lieu of notice" after resignation?

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  1. #1

    In "lieu of notice" after resignation?

    I previously informed my employer of my resignation with the last day being January 31 (well in advance of the 2 months notice period). Recently, things have taken a turn for the worse at my company, and I'm seriously considering to leave right now and pay the 2-months salary fine in lieu of notice rather than being part of this sh*t show for another 1 1/2 months. My next (overseas) employer already agreed to let me file that under "relocation costs" if I go that route.

    However, I'm not sure if this would be causing some legal trouble for me: Can I still use the "lieu of notice" option even if I have already resigned? Kind of like a double-resignation...


  2. #2

    Join Date
    Feb 2005
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    Er you talk to your HR and tell them that you want to leave earlier now and willing to pay to leave earlier, you wait for them to give you an answer.

    If your leaving for a job abroad, shit!! I would just up and leave, they cant do dick to you, they can try to sue you but you've left HK already LOL, its a civil matter and you wont get stopped or arrested for it so dont worry

    Cheeky Kiwi likes this.

  3. #3

    Join Date
    May 2021
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    My next (overseas) employer already agreed to let me file that under "relocation costs" if I go that route.
    This is the deciding factor, just tell the HR you have family emergency and need to leave immediately, settle the tax and get back your MPF etc (if you have no plans to return back). simply going AWOL and disappearing might make it bit difficult to handle tax/mpf etc from overseas.. @Chuckster007 any anacdotal in mind who has done this before and easily handled dues from overseas!!!
    chuckster007 likes this.

  4. #4

    Join Date
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    Quote Originally Posted by ndt:
    This is the deciding factor, just tell the HR you have family emergency and need to leave immediately, settle the tax and get back your MPF etc (if you have no plans to return back). simply going AWOL and disappearing might make it bit difficult to handle tax/mpf etc from overseas.. @Chuckster007 any anacdotal in mind who has done this before and easily handled dues from overseas!!!
    Dammit, totally had a brain fart and forgot about MPF and tax clearance etc etc
    bdw likes this.

  5. #5

    Join Date
    Dec 2010
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    Quote Originally Posted by chuckster007:
    Dammit, totally had a brain fart and forgot about MPF and tax clearance etc etc
    Everyone seems so excited to leave HK they forget the little things haha

  6. #6
    Quote Originally Posted by CuriousExploree:
    I previously informed my employer of my resignation with the last day being January 31 (well in advance of the 2 months notice period). Recently, things have taken a turn for the worse at my company, and I'm seriously considering to leave right now and pay the 2-months salary fine in lieu of notice rather than being part of this sh*t show for another 1 1/2 months. My next (overseas) employer already agreed to let me file that under "relocation costs" if I go that route.

    However, I'm not sure if this would be causing some legal trouble for me: Can I still use the "lieu of notice" option even if I have already resigned? Kind of like a double-resignation...
    Try to talk to your HR about it. I was in a situation about 3.5 months back. I resigned with notice period of 3 months. Right from my resignation I had took stance to be relieved early. But my employer did not agree on it even after few mail exchanges. I had to contact labor department. Response I received was - "Your employer do not need to agree on you leaving early - as long as you are making payment in lieu of notice. You just have to inform your employer about arrangement.". For me, my next job was within HK only so I can not comment on that part.