3 months notice period

Posted by fukiku (278 days ago)

I have tendered my resignation a week ago. Boss from hell did not want me to stay for another 3 months. Also, the management are not even willing to pay me HK$75K in total if they want me out asap. So, they came up with this ****** that they could not pay the new comers because of me. All they have to do is demote me from doing sales and business development to Admin duties. Is this legal or illegal? Are you allowed to demote your staff because he/she resigned therefore they don't wan to me to contact clients anymore.

(I am based in Hong Kong)

Posted by GreenValleys (277 days ago)

Sounds a bit unethical, but may not necessarily be illegal. Have you checked (a) your own employment contract, and (b) the company's HR policies? If your contract states that you have to give 3 months notice but the company has the option to pay you the 3 months salary and ask you to leave immediately then that should be binding. If you are in a sensitive position (contact with clients could be seen as that) then it's not unreasonable for them to adjust some of your responsibilities. But if you are talking about reassignment (to 'lower' duties) with a reduced salary then that sounds like it is probably contra to labour laws and you should consider contacting the Labour Dept. Your 'boss from hell' might then turn out to be an even worse proposition. Good luck.

(I am based in Jakarta)

Posted by ceeh (277 days ago)

Although they have a right to remove you from contact with Clients and reassign your duties whilst you serve your notice period they cannot reduce your salary.

Doesn't matter what your boss is like, tell him/her that you are being treated unfairly and will seek advice from the Labour Dept.

I have been involved with the Labour Dept on behalf of the company when a former emplyee sought advice from them. A mediation meeting was organised by the Labout Dept and they strove to get a fair result. Listened to both sides of the argument and resolved the issue. I was most impressed.

Good luck with it and dont be intimidated by the Employer.

(I am based in Unspecified)