Posted by
dizzyhytes
17 yrs ago
My friend just got laid off, and he got one month's redundancy package. The firm is one of those where the seniors have no management skills; he was working ridiculous hours.
The thing is, he was hired from overseas less than 12 months ago, and recently gave up his serviced apartment and signed a lease because his boss was always talking about putting him on new projects etc.
I understand that the environment has been bad and suddenly got worse, but does he have any recourse? They forced him to sign an acceptance letter there and then (in a shocked state of mind), and marched him out the door. They didn't even give him a ticket home to the US, or any HR advice or help. Worse still he may be liable for the entire year's rental if he has to give up his lease.
It seems that HK has no employee protection, and some companies' management practices are very poor. One month, to my mind, is so unfair, but then I'm in banking and he's not. He is the building/construction industry.
Appreciate your advice.
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The fact he has signed a lease for an apartments means nothing. Tickets home will depend on his contract. Was he on expats terms, local terms, what's actually in his contract? If nothing about tickets home then out of luck I'm afraid.
One month is actually law in HK. He hasn't worked for the company for more that 2 years therefore has no right to redundancy money. There are employment laws here which are pretty much international standard. Should you friend feel he has been wronged he is entitled to contact the Labour Department for advice. If they feel there is any breach of contract they will take the employer to court themselves.
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Your friend can just up and go, however, his landlord will have the law on his side and contrary to what Lehman Wong says, his landlord can persue legal action and whilst pending your friend will have problems getting a new work permit in HK or should he leave and wish to re enter he would have difficulty. So his best bet would be to contact his landlord explain the situation and reach some sort of agreement.
ps. suggest he reads his contract as some state if the rental is over 7 days late the landlord can take legal action so it maybe that he can not cover himself by not paying the last 2 months rental - which I would imagine would be contrary to his contract.
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Not nonsense, I'm afraid. My work colleage was 8 days late with rental payment - also planning on doing a bunk and he was served papers 2 days later. Just not worth it.
Have to say in all my years in Hong Kong I had good landlords none that I considered blood sucking leeches, although have heard of many of them out there. Many landlords are reasonable so suggest poster talks to the landlord and come up with a legal solution. In regards to getting a work permit with a civil case pending - get real it happens.
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By law the landlord can make your friend pay out for the remainder of lease.
As mentioned above go the legal route and speak wth landlord before you are served with a summons.
This will save you time and money!
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Actually after 8 days the only papers than can be served are Small Claims Court papers. Foreclosure papers cannot be even applied for until 15 days late. So extremely light weight stuff.
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In this case the landlord I would imagine would go for action of forfeiture and to recover outstanding rent. He could file with the lands tribunal which would be fairly inexpensive and landlord could do this himself as I understand it.
Under Landlord & Tenant Ordinance Sect 117 it seems to imply that one can serve a summons if rent has not been paid within 15 days of due date.
So unless your friend is planning on leaving pretty quickly prior to a summons he would only loose his deposit it seems, providing the landlord did not pursue.
Better off going the legal route otherwise it could end up costing your friend quite a bit of time and money.
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Perhaps your friend could ask his landlord if he could sublet. Your friend would remain liable for the rent and he might not be able to cover all of this. The landlord might see no reason why your friend should wriggle out of his responsibilities - especially since rents are going down but might be agreeable to a sublet since this puts the onus on your friend to find someone suitable. That said, Landlords tend to be a pragmatic lot and might recognise the difficulty of recovering rent from someone who has suddenly disappeared or who is not worth powder and shot. Any landlord would be wise to put the property on the market immediately and find someone else rather than waste money what might be fruitless and expensive legal proceedings.
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Lehman Wong - I doubt it somehow.
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