Posted by
rasbro
15 yrs ago
hi,
in hong kong what laws govern the rights an employee has when quitting a job?
if my contract states that i need to give 1 month notice, is that valid under hong kong law, or can i actually give less notice?
having worked in other countries i know some places this is actually the case (less than 1 month is acceptable by law regardless of contract). the contract acts more as a guideline for the employer.
also, does the law cover repayment of holiday time?
if i recieve my yearly holiday in jan of 10 days and i quit in feb, am i entitled to the full 10 days or can they pro-rate this? again, other countries say that once entitled to the holidays they can not pro-rate.
thanks in advance for any help or pointers.
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I m pretty sure if you have 1 month notice, that is what you have you have to give, unless your compagny agrees you give less.
As for holidays, it s definitely pro rata. If you have 10 days for the year, if you quit in feb you d only get 1 day.
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Usually there is a clause in the contract which states how much it is going to cost you if you quit early. Check it out first. Maybe if there's none then you can give a shorter notice.
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I think that what he means is that the total holidays for the year will appear on his statement in january. If you have 2days per month, you will have 24 days on the statement. IF you leave, you will only receive the days that you have effectively acquired. SO if you leave after one month you only get 2 days, not 24.
For the notice, some contracts state you can leave earlier if you pay the amount equivalent to the period's notice salary. (if you have one month notice, you pay one month s salary as compensation and you can get out..)
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thanks for all your comments. i just wanted to know my rights and what possibilities there were for a quick exit.
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