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Leave HK & breaching employment contract

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  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.


  3. #3
    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...


  4. #4

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

    MandM!, bookblogger and jimbo like this.

  5. #5

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    Original Post Deleted
    How? Good luck with that!

  6. #6

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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.

  7. #7

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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.


  8. #8

    Join Date
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    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?

  9. #9

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


  10. #10
    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

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