Posted by
thalia77
10 yrs ago
My contract has been ended before the actual length of contract.
Not much notice has been given (1 month and a week, should be 2 months) and they want me to complete my duties up till the end date they suggested.
Nothing formal was written, only verbal.
There wasn't any serious reason to terminate it. I've been doing my duties to the best of my ability without causing any trouble or harm to the company and my attendance is pretty consistent overall.
I want to know what my rights are in this situation?
By law has she a right to terminate a contract sooner, should I get compensation for it?
Thanks, all advice is appreciated.
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Sorry to hear the bad news. Perhaps you could in the first instance contact the Labour Department?
http://www.labour.gov.hk/eng/enquiry/enq_com.htm
They should be able to provide some comment based on statutory law and also your actual contract (whatever is written in the contract both the employer and employee need to at least abide by the relevant legal minimum requirements).
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Usually contracts have specific provisions for cases like this, usually it's payment in lieu. Meaning they will have to pay for the 3 weeks or so difference in the contract-specified 2 months of notice. Read your contract.
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Thank you for your advice.
My employer is being difficult and unreasonable. They say that the 2 months notice period is not valid in this case as she's not firing me (which she is) and that it's ended in agreement. In the contract it clearly states 2 months.
They are being inflexible and don't want me to leave before the end date that suits them. They don't want me to leave sooner even if I find a job that wants me sooner. They say I have a responsibility to finish all my duties.
I risk being out of a job at the end of it. I am complying to all their demands but in return I don't get anything.
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