Posted by
suem
16 yrs ago
I've been working in the same company for over 5 years, in case you get fired, what are you entitled by HK law as compensation?
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You should receive the notice period salary (so if 3 months notice you would receive 3 months and not one.)
Having worked over 2years with the same company you shoudl also received severance pay. The law say 2/3 * monthly salary * years serviced (the 2/3 shoudl not be over 22500HKD).
This is what the HK labor says, but is really the minimum required. Some companies will pay more.
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Not quite. Being fired is different to being made redundant or laid off. If fired then there is no requirement for severance pay. If made redundant or laid off then severance pay will apply.
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And of course the severance pay can be offset by the then value of employer's contributions in your MPF. So, if your employer pays a 5% on full salary rather than capped salary (at 20K/month) and you are a relatively high earner, you might well be entitled to zero severance pay. (Or you might get the severance pay but your MPF is reduced by the same amount.)
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suem
16 yrs ago
what's the difference between being fired & laid off or made redundant?
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tpol
16 yrs ago
Fired is usually considered a dismissal due to improper behaviour or poor performance.
Laid Off and Redundancy is where your position is not required anymore.
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Depends on:
(a) nature of the dismissal;
(b) contract.
The term "fired" refers to dismissal, not retrenchment or redundancy. There are two types of dismissal - summary dismissal and company termination of the contract (for whatever reason). If you are summarily dismissed, ie for serious cause, then you are not entitled to any payment in lieu of notice or to work out your notice period.
If you are dismissed other than summarily, you are entitled to the termination payment (typically designated by the notice period) stated in the termination clause in your contract. This could simply mean being required to work your notice period.
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