Posted by
helpplease
16 yrs ago
I (along with some others) have just been made redundant from a big company here in HK. No written justification was given, just due to a review of the company. The redundancy payment is higher than the statutory minimum, but not as much as I think I am worth. I don't think I've been treated fairly or indeed, that I am the right person to go out of the 1,000 staff. If I sign the form they've given me, then I waive all my rights to take action.
I realize these are tough times. I am not the only one of my friends who has been made redundant. I appreciate everyone in my position feels it's unfair.
But does anyone have any advice?
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"lawyer". can you be more helpful?
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LAH
16 yrs ago
I think there are many people in your position and probably many will join you over the next few months. Companies are trying to contract down (as best they can) and the company may indeed be going down! It may be better to take the package beause you can't get blood out of a stone and if the company gets frozen that will be the situation. Good luck with your situation I hope you can sort something for yourself.
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Ed
16 yrs ago
Re: deleted posts.
We are all friends on these forums - please offer constructive advice and comments.
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lmcf
16 yrs ago
If your payment meets the labour dept guidelines and your contract was negotiated in HK, there is nothing that the labour dept/ tribunal can do on your behalf. They only review cases based on meeting the oridnance which has specific guidelines for "redundancy" including if you are entitled to long-service leave etc. You can check with the labour dept to ensure that all provisions are according to the ordinance.
The ordinance does not state how redundancy is to be made (except for terms), or how individuals are to be "selected", and so there is no basis in law to claim that it was unfair (even if it is). HOWEVER, if an individual (or better many from the same company) who is made redundant feels there is corruption involved (unlikely), then there would a basis to pursue a case with a labour solicitor/ lawyer. The onus will be on you to prove the case.
Another avenue would be to request a better severence package. Some companies are willing to negotiate on this point.
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lmcf - that's great info. i am especially interested in negotiation a better severence - any more tips?
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During these tough economic times companies both in bad and good health may take the opportunity to down size or right size.
May I suggest same as above and look at wrong dismissal or constructive dismissal options. If you have been a high performance employee, if you have done well on your performance appraisals, if you could have be re-deployed based on your skills or experience or both.
I would also firstly and foremost speak with an employment lawyer as they are able to look at ways to build a case specifically around you or a group. Given the opportunity for new employment is quite low, this may also make a case for a larger settlement if many of the above work in your favor.
Good Luck!
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given that my funds are now limited - can I get free (at least initial) advice? Can you recommend a good lawyer?
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Start looking for a job. I am not trying to be unhelpful or sarcastic, you are going to be quibbling over penny's with the current employer, you may not even win your case and it will have cost you money, you should start the hunt for pounds in earnest and get into new employment asap instead of expending time and energy.
Life is unfair, you say you got some cash which is above the statutory minimum and you are not wedged up enough to afford council, my advice would be to move on then, there are far worse injustices and find the next job asap.
These are not good times, hanging around trying to fight an perceived injustice is not the best way to spend your time, its happened sooner rather than later, use the time advantage you have because the job market is going to be filled with seekers on every level.
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i agree with the above. life may be unfair when any crisis hits us.
if you really feel that you have been treated unfairly in the redundancy, have a talk with your bosses and the hr before making any decisions and rash actions. you will have a stronger case if it's a class action suit or something.
how long have you been with the company?
take a deep breath and think things through, redundancy is upsetting but is it really worth while to chase them for a few more pennies?
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Not much you can do, redundancy is redundancy - all it means is your job is no longer required. All the company has to do is fulfil the government minimum for redundancy payments and deal with the noticies in the correct way. Nothing you can do about it unless the company hires someone else in your exact role and position whereby the job is no longer redundant. You're in the same position as 1000's of others at the moment. What you think you are worth? You don't quite understand redundancy!
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Out of interest, what is the statutory minimum? Where to find this out - Labour Department?
Thanks
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