Hi guys, I am from Hong Kong. I got fired today without notice for disclosing my own salary on a public internet forum. I was a temporary employee and at this incident, the main discussion I made on the forum is whether I should go to the interview of another job I received invitation from and was merely asking if anyone knows about the salary of that job and disclosed the company I'm working for and my current salary at that time. I was then fired today for committing serious misconduct.
However, when I signed the contract, the contract is vague about whether I can disclose my salary. The contract only reads that I cannot disclose company's confidential information, I'm not sure if salary discussion is one of those confidential information. In the United States, workers cannot be fired discussing salary openly, it is against the law to fire worker this way. I'm wondering if similar case applies to Hong Kong.
Please help! Thank you very much!
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And to add, my company is a very very big US private company.
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And more too add.
The contract also reads:
The Agreement shall be governed by, and construed and enforced in all respects under, the laws of the United States of America and the State of New York, without reference to its conflict of laws provisions. The parties hereto agree to submit to the jurisdiction of each of the federal and state courts located in New York County, New York in connection with any matters arising out of this Agreement, and to waive any objection to the propriety or convenience of venue in such courts. Any judgment rendered in such action may be executed in any jurisdiction in which a party resides or owns property without further defense or setoff.
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honestly. the company did the right thing.
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How did they know it was you?
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HKLaw
10 yrs ago
According to s.9(1) of the Employment Ordinance (Cap. 57),
“an employer may terminate a contract of employment without notice or payment in lieu-
(a) if an employee, in relation to his employment-
(i) willfully disobeys a lawful and reasonable order;
(ii) misconducts himself, such conduct being inconsistent with the due and faithful discharge of his duties;
(iii) is guilty of fraud or dishonesty; or
(iv) is habitually neglectful in his duties …”
Your salary may be classified (specifically or by implication) as confidential information and you disclose it through the discussion forum, you may be breaching your employment contract if there is a specific clause restricting disclosures of the content of your employment contract.
Hong Kong Law Limited
www.HongKongLaw.com
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maxis
10 yrs ago
I am not so sure about that.
HKlaw, what is the relevance of the HK employment ordinance if the employment contract was under US, NY law ?
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file a claim for unfair dismissal in New York but do not tell your firm until the paper work is in
find yourself a sleazy type NY lawyer to notify the firm
you should get a nice tidy sum !
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