Posted by
eileen3868
19 yrs ago
i have been working with an multinational company for 15 months - letter of employment with one months notice either way.
yesterday i was told that my job had been placed with headhunters.
someone with more experience is required.
hr today told me to resign ---aside from a meeting with my boss two weeks ago i have had no complaints about my job performance and no review..
do i have any rights for unfair dismissal - as in a pay out as opposed to waiting until they hire someone to replace me?
my boss told me yesterday it could be three weeks, or three months.
it is a senior position - 7 figure salary.
thanks for any legal assistance out there.
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Brit
19 yrs ago
i would get some legal advice but i guess not - you are on one months notice so if that is given then.....
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tggb
19 yrs ago
perhaps your HR is telling you to resign so that they can reduce their severance pay, make sure you compare the financial implications of resigning vs. being let go
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i presume by being let go i just get my one months notice - i have just spoken with hr and said i had received no feedback on my performance and so had not had the opportunity to improve...she stuck by the letter offering one months pay in lieu of notice.
i just do not this this is satisfactory.
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Brit
19 yrs ago
its very unfortunate but HK is not blessed with great employment laws. You might want to get some legal advice but i would concentrate on finding a new role at the same time
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yes I hear you - very unpleasant situation (and totally unforeseen by me!) to be in...
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That is better than being managed out i guess...may be you should call a meeting with your upline and HR to discuss your options. Frankly, if you take this 1 month's pay and request gardening leave you could look for a new job full time. my friend had this problem in London. I don't know all your details but it is better to resign as you will find it harder to get a job with out reference or being fired. it's not fair but it's constructive. hope this is of some help. good luck!
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But if Eileen takes the one month's severance, can't the employer take this out of the MPF?
I know if they make you redundant instead of formally sacking you, then they can take the severance pay (in Eileen's case, one month pay plus) out of the employer's contribution to the MPF. I wonder if it is better to resign than being pushed out?
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I would bail immediately. If they have made you redundant then you shouldn't be under any further obligation - close your computer andn walk away - they have to pay you out the month why be there working when you could be looking for a new job. Even if you feel unjustly treated staying now they have made it clear they don't want you for whatever reason is not going to be very comfortable.
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thanks everyone for feedback - i have spoken with hr - and because of the very vagueness (and poor people management skills) - i have been given verbally- between 3 weeks and three months - of course they won't find anyone in three weeks - that's the ridiculousness (if there's such a word) of the entire situation.
Of course, I want to get a better job and smile and walk out as soon as possible.
Probably best action is to work it out and use facilities etc to get the better job!
I have no mpf - because i have australian private super fund - hr told me a few weeks ago i was not eligible - and it was good to save the company money!
today when i pressed for longer notice - she said the financial situation of the company was precarious - and i promptly set her straight and said - not my issue.
where's my jessica rowe/eddie maguire contract when i need it!!!
Thanks again.
Eileen
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I think they're lying to you about the MPF - it doesn't matter if you have a private fund or not.
You should follow up with the MPFA:
http://www.mpfa.org.hk/eindex.asp
They're ripping you off.
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thanks - because my visa is valid for twelve month periods (just renewed) apparently I'm exempt!
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bollocks.... they're ripping you.
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aemom
19 yrs ago
About MPF: If you have a contract of more than 60 days, you should be in the MPF scheme.
I am employed under a government scheme and am allowed to opt out of the MPF - but I had to apply in writing to opt out AND prove that I had an adequate pension fund/scheme in my home country (by getting documents sent to me from my home country).
So sounds to me like your company should have done something about MPF for you.
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TC
19 yrs ago
I've been here for >5 years and have never had to join the MPF because I have retained membership of (including ongoing contributions thereto) my eligible super fund in my home country. I work here for the same employer as I did back home and will continue to do so when I leave. So maybe it isn't entirely 'bollocks' after all.
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yes - now i'm confused - i spoke with mpf today and they said because my visa was under 13 months (12 months) i am not eligible.
one month ago the hr lady asked if i had a fund in australia - which i do - i gave her a photocopy of my membership - i have not signed anything...the money is not going to change my life - but again indicative of the company i suppose...
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People who have been relocated to HK first time on an expats contract can be exempt from MPF contributions the first 12 months of employment and then if the contract is renewed MPF contributions start from the 13th month.
Severance is not payable if the employee has been with the company less than 2 years...
I'd suggest you ask for 2 months pay and resign on paper. Better if you resign. Why are you waiting till they find someone else? That is ridiculously unprofessional (and TOTALLY stupid) of the company, because a disgruntled employee can do any number of things while having access to their systems and documents. stupid stupid stupid. Suggest you get out of there asap.
Finding a replacement is their problem, not yours. Your first priority now is to find another job and for that you need time to search and interview. You want to leave with a clean slate because any new employer will check references, so nicely tell them that you'd rather move on than wait three months under the circumstances and please can you have your money.
Alternatively, tell them that you'll stay until they find a replacement provided you can do job searches and freely come and go to interviews, and can they offer you outplacement services...
If they didnt give you notice after the 13th month, they owe you two months MPF contribution and counting or they'll have to pay a nice fine.
Note that they can withhold your last months salary until you produce a letter of release from the IRD stating you have cleared your taxes.
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yes - they're trusting that i'll continue on with out doing any damage - which i won't...not the way i operate.
they have offered me outplacement services which i am incredibly cynical about - it's the same firm that's supposed to be finding my replacement - who they contacted four weeks ago! (I know it just gets worse).
Ultimately I will resign,for all of the above reasons.
I do not want to be in there while they're waiting for my replacement - it will be totally awkward and a waste of everyone's time - i won't be respected for anything i suggest and will be totally negated...
i may be totally cheeky and ask for two months salary and give one weeks notice!!
can you explain the bit about the 13th month again..
i haven't received anything fro the IRD yet about what tax is due - arrived in hk april 2006 - presume it's coming soon.
eileen
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No need to receive anything from the IRD. Ask for the employers return and go to tax office with it. The employer must file this if you intend to leave HK, and if they are responsible for bringing you over theyre responsible for sending you back. You can still find a job and a sponsor even after they inform the IRD you may be leaving HK and you clear your taxes.
As to MPF, if you are on a 1 year contract then there's no need to set up an MPF fund (any thing set up during that time will be deemed voluntary) as the expat is exempt for that time, because it is assumed he/she will be leaving after a year. Contributions must start from the 13th month on if the expat continues to work at the same company.
Be totally cheeky, you have nothing to lose. If you don't ask for it you'll kick yourself later, wondering what if.
Suggest you take the outplacement services. These are very expensive services, so use them. The counsellors are supposed to be totally confidential and will not feedback to the company on what you tell them. They are a way to vent and will assist you in your search. If they are worth anything they will run a good behavioural assessment, such as the Berkman or Harrison to assess your areas of strength and counsel you on your next move.
Yes, my field is HR... :D
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