How to extract payment from company?

Sounds like a stupid question but a friend of mine worked for a company for just under a month but hated it so left without any notice as she was still in her 3 month probationary period.

She has yet to be paid for the wks she worked and the company isn't doing anything about her complaints.


Is there anything she can do as this is a global firm & not some shoddy company??

Contact the HK Labour Department. www.labour.gov.hk


Free to use their services, they will offer advice and pursue complaints on your behalf.

It is FREE to go to the Labour Department and lodge a complaint/action........little know fact; regardless of the contract the HK law allows EITHER side to say bye bye in the first three months WITHOUT notice....that does not mean the company doesn't have to pay for time/money earned.


According to Section 6(3) and (3A) of the Employment Ordinance (“EO”)(Cap57), an employee or employer can terminate an employment contract without notice during the first month of the probation period. Therefore, no notice was required in your friend’s case regardless of the contract!! (The statute / ordinance prevails.)


According to Section 25(1) and (2)(a) of the EO, where an employment contract is terminated, the employer should pay to the employee the equivalent of the amount earned by the employee for the work done. Such amount should be paid not later than seven (7) days after the termination. Therefore, your friend is entitled to her wage on a days worked basis.


If the wage involved is less than $8,000, your friend may lodge a complaint with the Minor Employment Claims Adjudication Board (MECAB). If the amount exceeds $8000, your friend may file a claim with the Labour Tribunal with a small filing fee.


This preliminary advice is based on the limited facts available. A detailed and comprehensive advice can only be given after a close examination of all relevant facts.


Full text of the relevant sections is available at:


Section 6, Employment Ordinance (Cap 57)

http://www.legislation.gov.hk/blis_ind.nsf/e1bf50c09a33d3dc482564840019d2f4/205492a3422cdd49c82564800042a708


Section 25, Employment Ordinance (Cap 57)

http://www.legislation.gov.hk/blis_ind.nsf/e1bf50c09a33d3dc482564840019d2f4/00426f678b53ef0dc82564800042a728


Weir & Associates

Solicitors & Notaries

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw