Need advice as a freelance worker

Hello. Need some legal advice on what is my chance to claim some form of compensation. I'm not a legal expert so any advice would be greatly appreciated.


No contract, worked as a freelancer diligently for this big company and paid per hour with an average work of 1-3 days per month only. Paycheck will come by the end of the every next month. Fellow 3-4 freelancers ahead of me are getting the same rates as I am. After working for 1year and a month, I received an email (which I kept until now) from my immediate superior in-charge that the company doesn't need my service anymore due to "financial difficulty"and I was the only one got "terminated/ fired/ let go". But the next month after my "termination", they hired a friend of mine with exactly the same rate and working time. Another two months later, another friend of mine (unfortunately) was hired with also the exact freelance arrangement. Since I can't really divulge the name of the company, all I can say is that most of the expat would know this company.


So my question is, even though I'm just a freelancer, was I wrongfully "terminated"? Would there be a chance that I can get some kind of compensation for this? It's not about money but this "thing" that is bothering inside me. By the way, I have a permanent job doing exactly the same thing and that's for more than 15 years or so.

I don't have any attitude problem or anything at all but one thing only I can think of is I'm the only one who can't speak cantonese among all the freelancers/ permanents.


Please, any advice would be greatly appreciated.

Unfortunately there is nothing you can do. You have no claim against the company. You just have to swallow your pride and forget about this company. They must have wanted to fire you for some othe reason and used the financial difficulty excuse to try to soften the blow.

I'm sorry but isn't that what freelancing is about? No employee-employer commitment. Do as you please as a freelancer? So I can't see them owing you anything when they no longer want your freelance services.

Thanks for the replies. Yes, I understand that as a freelancer, there's almost no contract obligation but it doesn't mean freelancers will just do as they please. Unfortunately, people within the business talk and it is just that it's more like taking care of someone's reputation. Anyway, it was a good lesson for me, finding out who really are friends or just plain colleagues.

A contract of employment which is made verbally is valid and many contracts are made in this manner. Under the Employment Ordinance of Hong Kong, contracts which are not evidenced in writing are treated as renewable from month to month unless otherwise agreed in writing. To terminate an employment contract, the Employee, under the provisions of the Ordinance, must be given a 7 days notice or terminated by payment in lieu of notice (7 days wages). If 7 days notice was given, then the termination is lawful and no compensation is payable.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@HongKongLaw.com

www.HongKongLaw.com/weirlaw