forced to quit

I recently received a performance appraisal and I did pretty good, even got a bonus. 2 weeks later, my boss takes me into a room and fires me.


I asked him what was the reason and he said there was NO reason.


He gave me the option:


1) resign and take the final month pay and don't need to come to work

2) termination but still get the final month pay



Is this type of forced firing for no reason legal?


I do know that the company had lost a whole bunch of customers and my salary was quite high so most likely couldn't afford me, but to say no reason is kind of unfair.

Does your contract say anything about the notice period they are required to give? If not, I believe one month is standard unless that would be unreasonable given the totality of circumstances. Typically, employers are only required to dismiss for cause if the dismissal is without notice.

first of all, yes they can lay you off without giving reason.


the respective labor law is here:

http://www.labour.gov.hk/eng/public/ConciseGuide.htm


sections 8 and 10 are relevant. in section 8 we find:

For quick reference, termination

payments usually include :

• outstanding wages;

• wages in lieu of notice, if any;

• payment in lieu of any untaken annual leave, and any pro rata

annual leave pay for the current leave year;

• any outstanding sum of end of year payment, and pro rata end of

year payment for the current payment period;

• where appropriate, long service payment or severance payment;

• other payments under the employment contract, such as, gratuity,

provident fund, etc.


in section 10 you find the severance pay conditions (2/3 of monthly salary x number of years, but the employer can offset it against the MPF portion paid by the employer).


you can read all of it, but my advice will be: take option 1) and move on

I would negotiate a better package - something like a 2/3rd months for every year worked and a good referral.