Employee Rights in Hong Kong

Hi


I was wondering if anyone could please help me.


Mr. X is currently working in Hong Kong. His boss set up the company and employed him as an associate (but he's listed as a "director" albeit he does not hold shares nor have the rights or responsibilites as a director- I think it was because a certain number of directors were required to be listed).


When he first went to HK he was provided with 3 months of accommodation. This accommodation included a workspace-i.e. a dedicated space for a desk. It also had plenty of space for himself.


He was promised that there would be a proper office once this 3 month period elapsed.


Once the 3 months elapsed he had to pay, out of his own salary for a flat to rent. He's not paid much at all so he could only afford a small flat with no space for a desk, let alone an office.


It has been 3 months since he has been working from home- be it on the sofa, on the bed etc. It is a tiny flat. He works crazy hours- from 8 in the morning til sometimes midnight (and weekends) with no break- he sometimes does not eat til 9 or 10pm at night.


He also has his partner now living with him in this flat. This partner lived with him back in his home country.


The most his boss has mentioned is that he can "reimburse the internet bill". A mere HK$100 a month or something similar.


Ignoring the slave labour- is there ANY right for this person to be claiming that he should have a workplace- and if no workplace, there should be written agreement for him to be working at home? Does he have rights to compensation for bearing the costs of the office's "overheads" - rent etc?


I would also think there is a health and safety aspect for not providing a desk etc for the employee i.e. a suitable workspace or the means to acquire one.


And also- under HK law do employers need to provide medical coverage for foreigners working in HK?


Any help would be much appreciated.


Many thanks.

No, employers don't have to provide medical coverage for any employees, regardless of whether they're local or foreigners.


The employer does have to provide an office for his staff. But why is your friend working from home anyway? He should ask his employer where he should report for work as he cannot work from home.


It sounds a bit dodgy to me, personally. Your friend might be better off finding a new job. Is he on an employment visa? If he is, he will have to find a new sponsor and get permission from Immigration Department. If he is a director of the company, he will also have to notify the Companies Registry as well.

He has the RIGHT to resign! It also sounds to me as if he might have signed his employment contract without full agreement on working conditions etc. For his other rights you/he could check the Labour Dept website and read the document entitled "A Conscise Guide to the Employment Ordinance".

Thank you for your replies.


He signed his contract when he was back in his home country (this is a new company in HK) on the basis that for the first 3 months (or up to 3 months) he may have to work from home. For those three months he was provided with accommodation- and had a desk etc to work on, so of course he was okay with that fact.


The owner of the company in HK decided that he liked working from home and therefore insisted that the friend work from home as well and was always saying that an office would be found. My friend did not explicitly consent to this but out of obligation he thought he had to work from home- which he rented- on his not so great salary. At least- it is not a salary where you would expect someone to be able to afford a space with the space for a home office! (There is no space for a desk even).


The boss has even seen the working environment for my friend when he first moved in and did not offer anything but the internet.


I just wanted to know if he could quite rightly not work- on the basis that he has no workplace. I think he could and should to be honest; but I'm not sure if this would hold up legally in Hong Kong.


My friend enjoys the work- but the conditions are making him desperately unhappy and I think the company is taking advantage of his good nature.

When he came out, was it clear the free accomodation would only be for 3 months?

If it was, why would he come out on a salary that doesn't even let me rent a decent flat. HK is expensive, but too not be able to afford something with enough room for a desk means the salary must be ridiculously low. What kind of salary are we talking about?

Also, how many employees in the company? Is it only the boss and your friend?

In Hong Kong, an employer has a duty to take reasonable care of an employee’s safety, to the extent in all the circumstances so as not to expose them to an unnecessary risk. This includes taking reasonable care to provide and maintain a reasonably safe place of work for employees, and ensuring the safety and health of employees at work. Whether the workplace as described in your case is reasonably safe varies with circumstances, e.g. nature of work.


Further, an employer is under an implied duty to indemnify or to reimburse the employee in respect of the expenses incurred by the employee in the reasonable performance of his employment duties. However, requesting compensation for bearing the costs of the office’s overheads would need to typically negotiated).


Employees in Hong Kong are mandatorily entitled to work place insurance, statutory rest days and sick leave, but employers do not have the obligation to provide medical coverage for employees. There is a legal requirement for the employer and employee to contribute to the MPF.


Remember – an employee can FIRE his employer just as easily as the reverse. So if it is so bad one can always give any required notice and quit.


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@HongKongLaw.com

www.HongKongLaw.com/weirlaw

Thank you again.


BUt what I really want to know is- in light of the fact that he has no workplace (and he never agreed to work from home)- can he quite rightly just not work until he has a workplace?


If he was fired for this- surely it would be unfair dismissal?


Thanks