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Employment "Red Flag"

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  1. #1

    Employment "Red Flag"

    I am thinking of switching my job, and planning to leave my company of course providing them and serving them my notice period. However, the employers are threatening me in advance that they will cancel my visa and stating that this will get a red mark on my visa status and won't be able to apply or live in Hong Kong again. Now just to give you some background, I have been in trouble with them before on a labour tribunal case 3 years ago. Of course the labour tribunal case was negotiated and settled back then.

    I am just wondering, will this really be the case ? I just want to quit and find a new job, can they really physically cancel my existing visa so I can't look for a new job just because I want to change employer and my line of profession ?

    I would appreciate the assistance.


  2. #2

    Also just to state this company has a notice period of 6 months but employer only has notice period of 1 month. So when I give them my resignation, for the 6 month notice period I have to serve, am I technically allowed to goof around so they release me earlier?

    Additionally, when I move on to a new company do I need a letter of termination or release letter ? How does this specifically work ?


  3. #3

    Join Date
    May 2019
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    166
    Quote Originally Posted by HumphreyResort:
    I am thinking of switching my job, and planning to leave my company of course providing them and serving them my notice period. However, the employers are threatening me in advance that they will cancel my visa and stating that this will get a red mark on my visa status and won't be able to apply or live in Hong Kong again. Now just to give you some background, I have been in trouble with them before on a labour tribunal case 3 years ago. Of course the labour tribunal case was negotiated and settled back then.

    I am just wondering, will this really be the case ? I just want to quit and find a new job, can they really physically cancel my existing visa so I can't look for a new job just because I want to change employer and my line of profession ?

    I would appreciate the assistance.
    they can certainly / and are legally obliged to withdraw sponsorship for your employment visa by informing immigration - so in that regard your right to work is "cancelled"

    however you can remain in hkg until the expiry of the date of this visa in your passport (just not allowed to work until you find a new sponsor)

    otherwise just bluster from the company.
    shri, Anahan, alexdown and 1 others like this.

  4. #4

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    As above. Anything they are saying is only really to your advantage as it sounds like you want to be released ASAP. The only risk would be if your employment visa happened to be running out soon (even then IMMD would likely give you a tourist visa).

    Sounds like your reference might be crap so be ready to explain that to the new place if you think they will get vindictive about it.

    No such thing as a release letter... do you by any chance work for one of these language schools with nasty terms and conditions? (like the asymmetric notice period... yuck). Their whole business model is based on fear and hooking in people who don't really appreciate what they are getting into, but you are always free to goof around.


  5. #5

    Join Date
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    Quote Originally Posted by HumphreyResort:
    Also just to state this company has a notice period of 6 months but employer only has notice period of 1 month. So when I give them my resignation, for the 6 month notice period I have to serve, am I technically allowed to goof around so they release me earlier?
    What type of position do you have to give 6 months notice!!? You're employer is shitty as the terms to end the employment contract. You should give a quick call to the labour department about it and see if it's enforceable...
    Cheeky Kiwi likes this.

  6. #6
    Quote Originally Posted by Peaky:
    As above. Anything they are saying is only really to your advantage as it sounds like you want to be released ASAP. The only risk would be if your employment visa happened to be running out soon (even then IMMD would likely give you a tourist visa).

    Sounds like your reference might be crap so be ready to explain that to the new place if you think they will get vindictive about it.

    No such thing as a release letter... do you by any chance work for one of these language schools with nasty terms and conditions? (like the asymmetric notice period... yuck). Their whole business model is based on fear and hooking in people who don't really appreciate what they are getting into, but you are always free to goof around.
    I still have until next year June for my visa expiry. Its just I don't really want to be stuck in this job forever so want to move out, also won't I need some termination letter if I want to change employers for sponsorship of visa ? Because I do want to look for a new job straight after I change from this one.

    If I goof around will they release me earlier than the notice period ? Am I allowed to like not show up for work and things like that on my notice period I am serving by force lol.

  7. #7

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    Of course you goof around. The only reason not to goof around is if you were relying on a good reference letter at the end or wanting to maintain your reputation, but since you already had a dispute 3 years ago and now they are telling you crap like they will cancel your visa and you can never live or work in HK again, then you are already cactus anyway so whats the point trying to maintain a civilised and professional relationship?

    I guess maybe if you wanted to get your last payslip without fighting and resorting to labor department mediation could potentially be another reason not to goof around?


  8. #8

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    The reference letter will say why you left on the date you left. It's in your interest for it to say "resignation". If you goof off, it will change to "termination" and you will find it hard to get a new job.

    For everything else, fuck the company. They can't do anything to you as long as you stick to the terms of your contract. They have to pay you, they have to give you a written reference (likely just reason for leaving) and they can't cancel your visa.

    Last edited by aw451; 10-08-2022 at 01:49 PM. Reason: our -> your
    shri and ramelec like this.

  9. #9

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    Sounds like a slave job


  10. #10
    Original Post Deleted
    Fully agree.

    But bad call on that apostrophe.
    rkenia852 likes this.

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