Who can help me?

I am working for one of the largest logistics company in the world in HK as an import talent from mainland China since 2005 May. During the last 5 years I changed 13 bosses; and the newest two I just got were on April 1st ( one direct report boss based in SHA; and one local report line boss based in Hong Kong).

On Jun 4th, I was pushed out from the customer meeting at 11 and then received HR manager's call to meet her at office to have an important meeting. By 1pm, the HR manager met me and inform me that the company will terminate contract with me. And the reason is company restructure...She kept inform me that iti s not due to my performance issue( as I do got outstanding performance bonus for 2009).

I left the office immidiately, but I refused to sign the letter.

For the last few days I went to check with immigration department, labor department and also my friends to see who can help me; but until now I didn't have got any lawyers or legal advice what I can do...

I feel depressed; angry and unfair.

So if anyone here can help me and give me some advice, I would really apperciate.

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


As we have said many times in this site; this all starts with your agreed written and "collateral" terms of your employment agreement(s) with the company. You have certain legal rights in Hong Kong that can assist you in receiving your fair compensation for termination of employment BUT seek professional legal advice and not anecdotal commentary from the sidelines. To receive more comprehensive advice we can review ALL your relevant documentation and meet with you for an initial interview for our concessionary rate of HK$2,800.00.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : WeirLaw@weirandassociates.com

www.weirandassociates.com

Thanks a lot for your advise and I will contact your firm next Monday.

jwjane,


I'm sure you're angry, frustrated and depressed, but before you spend $2800 of your money you might want to do some checking yourself.


Like are you claiming unfair dismissal? Non-payment of salary/severance pay?


Check your contract. Many will give the option for either party to, say, give a month's written notice or payment in lieu of it. Company restructuring is a perfectly valid reason to let people go. Would you be able to prove that the company has not been restructured? Has anyone else been let go?


You should find out from the company whether they are paying you the rest of what they owe you. If you left immediately they may not have had the chance to give you the money and may not know if you're coming back to collect it.


No one likes being let go, but it's totally within the rights of the company to terminate the employment of people. As long as it's for valid reasons, under the terms of the contract, and not in a discriminatory way.


Of course, if it was unfair dismissal then go get legal representation.


I'm just saying you should consider some things before going down the legal route as that should not always be the first option.


If you've already exhausted the other avenues then sure, seek legal advice.

Yes, you didn't specify in your post what compensation the company was offering you, due to their restructuring.


The company has the right to terminate your contract if they are restructuring. If you consult your contract, it should specify in there, how much "notice" or "payment in lieu of notice" they have to give you, when they terminate your contract. Also, under HK law, if you have been working over a certain period of time, then you are entitled to extra money per year of service. I'm sure the labour laws link that someone posted for you should contain the information.


If you don't agree with what they're offering you, then you can argue unfair dismissal.