Employment Law Problem

Posted by Supercheese (477 days ago)

My Girlfriend was a kindergarden teacher and signed a contract stating she had to give two months notice if she left.
2 weeks in she found better work and did not wish to carry on where she was.
She handed in her notice and agreed verbally with her employer to leave at the end of her first month. All seemed to be fine with both parties. Today we have recieved an email stating the amount my girlfriend was to be paid. It stated the contracted amount minus the 2 days she was ill which was expected.
Then it said in lieu of notice that wasn't served the amount of money that my girlfriend would have earned until the end of her 2 months is deducted and we are left with money owed to the company!
The resignation was agreed verbally and in the formal letter sent we did not stipulate a date that would be served to. Is what they are doing illegal and a breach of the contract.
If so we will be seeking cheap legal advice.
Any help would be brilliant as we are truly clueless.
Thank you

(I am based in Hong Kong)

Find what you are after in our Hong Kong A-Z Directory

Posted by Bizeemama (477 days ago)

I think that the written word is what you have to look at. If she gave written notice on X date and this did not equate to two months before she left from the time of handing it in, I think they are correct in what they are stipulating.

(I am based in Hong Kong)

Posted by Supercheese (477 days ago)

But what if she decide to serve the rest of her month and a half, considering they told her she'll get paid for what she had done if she left after 2 weeks, can they force her to not complete her notice

(I am based in Hong Kong)

Posted by oldhand (473 days ago)

two weeks in?????? most contracts have a three month probationary period, with different rules for notice period, etc. applicable during that time. For example, No paid sick leave, seven days written notice, etc.

In lieu of notice, you may opt to pay the employer, so if you leave one month earlier than agreed you can pay to escape. However, as already stated xx number of days will be worked, so you don't have to pay the full amount if that is what the employer claims.

Would bother with a lawyer, you have one already it is called the labour dept. They are very happy to advise, in case of dispute, and straighten out employers.

It all depends on what the contract actually stipulates.

(I am based in Hong Kong)