boss from hell

Posted by patricia123 (325 days ago)

Hi everybody

I have recently put my notice into my current work and have said to them that I would pay 1 months notice to leave early as I saw it said in my contract. Now they are saying that I have to pay 2 months. It says in the contract that I must give two months notice but also says that if I break the contract that I must pay 1 month. How can they ask for this??

Also they have never paid any MPF for me for the 2 years that I worked there. They have had trouble before with immigration do I have anything to worry about?? How do I get them to leave me alone?

Any advise would be great.

Thanks
Patricia

(I am based in Hong Kong)

Posted by eaurhb (325 days ago)

An employment contract ususally would state notice period, you either have to work through this notice period or pay your company in lieu.

A company does not need to pay MPF for expats if they have similar pension scheme in their home country unless the expats work over 24 months for the same company.

(I am based in Hong Kong)

Posted by jwm (325 days ago)

1. If you have a legal work visa, you are not in any trouble.

2. You only need to give them one months pay, as indicated in your contract.

They are just trying to intimidate you. Make it know to them you will go to the government and complain should the continue to be difficult. They have more to loose than you do.

Are you here on a work visa or dependant visa? If you are here on a work visa, be prepared to find a new job quickly, or you will need to leave HK.

Good Luck

(I am based in Hong Kong)

Posted by patricia123 (325 days ago)

They are really dodgy. One girl got taken away for not having a valid work visa last month.

I am on a dependent visa and have worked for them for over 24 months. What should I do now??

Thanks for your replies :)

I

(I am based in Hong Kong)

Posted by Claire (325 days ago)

Perhaps you could suggest to your employer that the Labour Relations Division of the Labour Department might be able to conciliate the matter.

(I am based in Unspecified)

Posted by jwm (325 days ago)

If you are on a dependant visa, then you do not need a seperate work visa. So tell them to piss off and report them.

(I am based in Hong Kong)

Posted by patricia123 (325 days ago)

I'm worried that I have misread the contract and that I do indeed owe them more money.

There are two clauses that refer to leaving early.

the first one says that I have to pay 1 month and then the next goes on to say that I have to give 2 months notice or pay in lieu of notice. I am really confused by it all.

A bit upset as well as I have slaved for them for over 2 years and now they treat me like this :(

(I am based in Hong Kong)

Posted by jwm (324 days ago)

Sounds to me like you wither give two months notice and pay nothing at the end of two months, or do not give a full two monnths notice and pay the oned month salary.

(I am based in Hong Kong)

Posted by Saikunga (324 days ago)

How come in HK the employee has to pay one months salary if they intend to leave early - this is a ripoff as you are basically working your last month for free - slave labour. I do not think it is allowed to happen in many other places.

How long was your contract for?

I would agree - tell them to get stuffed, they haven't put in any MPF for you and do not pay any money to them. It would cost them too much money for them to chase you, and if they are dodgy they won't want to anyway.

(I am based in Hong Kong)

Posted by patricia123 (324 days ago)

It sucks big time.

I am hoping that they will leave me alone but am seriously considering seeing someone about it.

(I am based in Hong Kong)

Posted by smuk (308 days ago)

I hope you are alright now

(I am based in Hong Kong)

Posted by cnabhay (279 days ago)

Ask them to give your papers as soon as possible or report
to your respective countries embassy.

(I am based in Beijing)

Posted by patricia123 (278 days ago)

After alot of emailing and demanding money from me they have finaly given up.

My friends that work there have since told me that they issued a new contract stating that if they leave without 6 months notice they must pay 2 months salary.

What complete nutters!!

(I am based in Hong Kong)

Posted by Shoe Girl (270 days ago)

If I were you, I would call the MPF Board and report the fact that you have been working for two years and your company has been in breach by not paying your benefits. The company may then by fined.

Regarding the paying of money instead of notice, we recently had someone at work resign and she gave us one day's notice, When we told her that according to her contract she had to give us one month's notice, she told us to sue her for the money. So maybe you could leave and tell your bosses that if they want the money, they can take you to the Labour Tribunal and sue you.

(I am based in Hong Kong)