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Employment Rights in Yuen Long, Hong Kong, are enshrined by both the Hong Kong Employment Ordinance and labor regulations. These rights are designed to protect employees against various forms of workplace discrimination, wrongful termination, breach of contract, and more. Specific areas covered by this section of law include conditions of work, remuneration or compensation, hours of labor, medical benefits, and protection against unfair dismissal.
You may need a lawyer when your rights as an employee have been violated, such as being unfairly dismissed or discriminated against. A lawyer will be essential if you believe your employer has failed to fulfill the terms stipulated in your employment contract. If you have been wrongfully classified as a contract worker to avoid giving you benefits which regular employees receive, legal counsel may be necessary. Legal advice is also crucial if wage theft is suspected, such as unpaid overtime or denied leave entitlements.
In Yuen Long, Hong Kong, key aspects of employment rights are upheld by the Employment Ordinance, which covers all full-time employees. The rights protected by this law include the right to be free from harassment or discrimination based on race, gender, disability, or religion; the right to reasonable working hours; and leave entitlements including annual leave, maternity leave, and sick leave. The law also includes protection against unfair dismissal and mandates the employer to provide a safe working environment. The Minimum Wage Ordinance also ensures workers receive a fair hourly wage.
Unfair dismissal is when an employee is fired without a valid reason or without a fair process. This could include dismissal due to discrimination, asking for your legal entitlements (eg. sick pay or holiday), or whistleblowing.
Under the Employment Ordinance, employees are entitled to between seven to 14 days of annual leave depending on their length of service.
An employee can either negotiate directly with the employer, consult with a trade union if they are a member, or lodge a complaint with the Labour Department of Hong Kong.
Though there is no statutory maximum working hour limit, any overtime work should be voluntary and agreed upon in the employment contract. The rate of overtime pay is also a matter of agreement between employers and employees.
In Hong Kong, part-time employees who work 18 hours or more per week have the same statutory rights as those working full time.
The Labour Department of Hong Kong and the Equal Opportunities Commission are valuable resources for information on rights and obligations under employment law. For assistance with airing grievances, the Labour Tribunal and the Minor Employment Claims Adjudication Board offer avenues for redress. Various NGOs and worker unions also offer resources and assistance to employees in need of legal advice.
If you believe your employment rights have been violated, it is crucial to document every relevant detail of the violation. You should also seek legal advice promptly. If negotiation with your employer does not restore your rights, you should consider bringing your case before the Labour Tribunal. No matter the situation, you should never hesitate to assert your rights as an employee.
