legal contract or illegal

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  1. #21

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    If they come to Hong Kong to work or be trained then yes. If they never come to Hong Kong for work or training then no.

    The fact that the contract is signed with a Hong Kong company is irrelevant.


  2. #22
    cmlg

    PDLM,

    Yeah! There are many illegal Chinese (especially work as domestic helper in public housing estates) causal labour working in HK

    I think it is true that apply HK working visa is not necessary for that Philipino as he/she never been working in HK.

    He/she may need to apply a China working visa (send relevant documents to Chinese government) if he works in China. Just like other foreigners did e.g. British, Canadian American

    I'm not sure the maximum staying time for a Philipino tourist who travel in China. Plitskin did not tell us whether or not he was holding a traveller visa when he was in China!!

    China had more resticted immigration policy when compared with HK. e.g. China immigration can repatriate any tourist if they think he/she have intention to danger the Chinese government.

    Last edited by cmlg; 10-11-2008 at 06:05 PM.

  3. #23

    Join Date
    Nov 2008
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    5

    Legal or ilegal

    Hi, May i I know how would I be able to know if the employer in Hong Kong is legal? I mean it has a permit to hire field service engineers?


  4. #24

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    Hong Kong is not The Philippines. You don't need permits to hire people - companies can hire whoever they want. If those people are to work in Hong Kong then they need to satisfy HK Immigration requirements, but since in this case the people are working in other countries there is no restriction on a HK-based company hiring whoever they want.

    You really seem to be desperately clutching at straws here and I'm not sure what you are trying to achieve. I can't see that the company has done anything wrong, and, if I understand correctly, under your terms of employment with them you are required to pay some compensation for leaving without giving due notice.


  5. #25

    Join Date
    Jul 2006
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    394

    NMJM/plitskin you need to tell the whole story, otherwise no one can help you.


  6. #26

    Join Date
    Nov 2008
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    13

    Guys,
    We had a trainning in china, but the facts is we did not do trainning, it is a work. They also make a false invitation letter which indicate that we are going to Xin Xiang for trainning, that we did the trainning or work in chang de. During this time you should obtain a Visa F for trainning right, but the china embassy wont allow us, this is during the olympic time, so we had a tourist visa L. In this matter our employer knows this fact, but he insisted it. After 2 months of hard labor its really was a hard one, you are required to work not to be train. My family ask me to go home after 2 months for an emergency matters. Then after a week i call my boss that i can go back. The reason is i am needed by my family here at home. Then he start accusing me and threaten me to be sue, that i stole a laptop, drawings, and that ive learn the trade secret of the company and a lot of things. This bother me a lot so as you can see we want to see the legality of what he did to us?
    plitskin


  7. #27

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    So both you and the company appear to have broken Chinese immigration rules - I can't see any benefit to you from highlighting that to the Chinese authorities. What exactly are you hoping to achieve at this point? Assuming you didn't steal a laptop or drawings then what is the problem? History is history, move on.


  8. #28

    Join Date
    Nov 2008
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    13

    Thanks im not highlighting any thing here we just want to make it clear. So what we both did was wrong like they always said ignorance of the law excuses no one right. My point is does he have the power to sue or to blacklist us, giving all this matter and situations?


  9. #29

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    Hong Kong
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    You can't stop him from suing you if he wants to do so. If, under the terms of your employment contract, you owe him some money (i.e. 7 days pay in lieu of notice) then he may have some success. If he wishes to claim that you have stolen a laptop then that is a criminal matter and something he would have to report to the police for them to pursue if they believe there is a case.

    Obviously if you are found guilty of theft that will stop you from getting a visa, but I doubt that a contractual dispute would have any impact.


  10. #30

    Join Date
    Nov 2008
    Posts
    13

    So he have to make a police report were the incident happen right? It happen in china not in hongkong.The thing is i forgot to transfer the accountability to the other guys. So i sign it on a notebook which he held. Also how can i make a payment in the company if im here in my country any idea thanks for the reply.