how to break a contract



ORIGINAL POST
Posted by mabel88 11 yrs ago
hi i give one month notice to my employer buy she didnt accept it.so i went to immigration and told about it.and they put stamped my one month notice.is it already terminated my contract.

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COMMENTS
punter 11 yrs ago
As far as I know, yes, you've fulfilled the requirement in your contract how to terminate a contract. I suggest you give a photocopy of the "stamped" one month notice to your employer. In addition, tell him/her when you're going to leave their premises.

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mabel88 11 yrs ago
thank you so much punter i have one more question is she title to buy my ticket going back to my origin? and pay my one month salary???

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punter 11 yrs ago
That is quite wrong Kim.


To the OP: since you gave a month's notice, you are entitled to be paid up to the end of your service to your employer, which is the end of the month's notice. If you immediately left your employer's home, then you actually are the one to pay your employer. (But as I understand it, you are staying until the end of the month's notice you gave).


In addition, your employer needs to buy your plane ticket going home.

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HKLaw 11 yrs ago
According to s.6 of the Employment Ordinance (Cap.57), either party to a contract of employment may at any time terminate the contract by giving to the other party notice, orally or in writing, of his intention to do so. Since the one month notice is given, the contract has been lawfully terminated. It is irrelevant whether the employer accepted it or not unless there are provisions that vary this notice in the contract.


You may wish to seek further professional advice should you wish to argue that your contract was not terminated. However from your actions it appears that you have done all you need to terminate the contract.


Hong Kong Law Limited

www.HongKongLaw.com

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