Posted by
056F
17 yrs ago
I worked for a primary school, on a one year, fixed contract for 10 years. Each year i would sign a new contract for the forthcoming year.
This year i did not sign another contract, just worked to the expiry of the existing one.
It seems to me that i am entitled to long service pay but the school doesn't agree, saying I 'resigned'.
The Labour Relations dept took this view too, until i showed them the dictionary definition of the word 'resigned'.
I may need to take the school to the small claims court. However, before i do, can anyone help me to get a legal definition of the word 'resigned' in this context?
Thanks
Please support our advertisers:
Hi
If you chose not to continue working on your own accord, I don't see how you would be entitled to any compensation. Unless the terms of your contract were changed effectively forcing you to resign.
Just to clarify, your dictionary definition of resigned is supported by the Labour Dept as a grounds for long service payment ?
Please support our advertisers:
You are only entitled to long service payments if you are made redundant, meaning the business/school ceases to exist or the nature of your employment changes for which you are no longer qualified or if you are no longer fit to work in your current post as certified by a registered doctor.
If both parties do not renew a contract this does not entitle you to any long service payment.
I dont see you have a claim.
Please support our advertisers:
ceeh
17 yrs ago
I think you are confused reasonable between long service and severance.
Long service qualifes after not less than 5 years of continuous employment.
Continuous employment means just that or employment contracts renewed at each expiry of contract with same employer.
To qualify for severance payments an employee must have been employed for not less than 24 months and will have their employment terminated by reason of redunancy.
056F - take a look at the Labour Department website. It is pretty clear. This link should take you right to the relevant pages:
http://www.labour.gov.hk/eng/public/wcp/ConciseGuide/10.pdf
Please support our advertisers:
You must be logged in to be able to reply.
Login now
Copy Link
Facebook
Gmail
Mail