Change/Break Working Contract

Hello,


I signed a contract which states to terminate the contract " three month's notice in writing or payment of three month's service charge in lieu of notice calculated on the current month's attendance." While I don't want to quit the job completely, I do want to cut my hours back due to a health condition. My questions are:


1.Does three month's service charge mean I would have to pay them for the amount I would have made within those three months or is a different fee that they calculate?


2. Do I even have to pay since technically I just want to cut back the hours?


Thanks so much for any advice.

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


According to the Chapter 8 of the Hong-Kong employment ordinance, the three month service charge would be your average monthly salary in the last 12 month before the notice of termination of contract is given, times the number of months specified in the notice period. In your case you would have to give your employer either three (3) months notice or three (3) months salary.

However, there are cases in which you would not have to work during the notice period or pay the service charge. These cases are if the employee fears physical danger by violence or disease, is subjected to ill-treatment by the employer, or if he has been employed for not less than five years and is certified by registered medical practitioner or a registered Chinese medicine practitioner as being permanently unfit for the type of work he is being engaged.

The payment of the service charge would be in case of termination of the contract. You would not work for your employer anymore. It would not be limited to cutting back your hours of employment as you intend to.

If you are unable to fulfill your obligations regarding your employment contract, in terms of working hours, you need to reach an agreement with your employer to modify your working conditions. Without an agreement you would have to terminate your contract as above.


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