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Hiring & Firing law in Hong Kong governs the relationship between employers and employees. It sets out the rights and obligations of both parties during the recruitment, employment, and termination process. Understanding these laws is crucial for both employers and employees to operate within the legal framework.
You may need a lawyer for Hiring & Firing in Hong Kong in situations such as wrongful termination, discrimination, breach of contract, or disputes over severance pay. A lawyer can provide legal advice, represent you in negotiations or legal proceedings, and protect your rights under the law.
The key aspects of Hiring & Firing law in Hong Kong include the Employment Ordinance, which sets out minimum employment standards, such as wages, working hours, and leave entitlements. The law also governs issues like probation periods, termination notices, and severance pay. It's essential to familiarize yourself with these laws to ensure compliance.
No, under the Employment Ordinance, employers must have a valid reason to terminate an employee's employment. Otherwise, it may be considered wrongful termination.
The notice period for termination varies depending on the length of service. It ranges from one day to two months, as specified in the Employment Ordinance.
Severance pay is a lump sum payment made to eligible employees upon termination due to redundancy. It is generally calculated based on the employee's length of service.
An employer can terminate an employee on extended sick leave if the absence poses a significant operational burden on the business and efforts to accommodate the employee have been made.
The Sex Discrimination Ordinance, Disability Discrimination Ordinance, and Race Discrimination Ordinance prohibit discrimination in the workplace based on protected characteristics.
Yes, employers can dismiss employees during the probation period without notice or severance pay, as long as it is not for discriminatory or unlawful reasons.
No, employers are required to pay any outstanding wages, including untaken annual leave, within seven days of termination under the Employment Ordinance.
An employee can file a claim with the Labour Tribunal for wrongful termination within three months of the dismissal. Legal representation is advisable for navigating the process.
An employer is not obligated to provide a reference letter to a dismissed employee unless it is contractually required. However, they must provide a Certificate of Employment upon request.
Yes, an employee can bring a claim for unfair dismissal to the Labour Tribunal or pursue legal action through the civil courts if they believe they were unfairly dismissed based on invalid reasons.
For more information on Hiring & Firing law in Hong Kong, you can refer to the Labour Department's website or seek guidance from legal organizations such as the Hong Kong Bar Association.
If you require legal assistance with Hiring & Firing matters in Hong Kong, it is advisable to consult with a qualified employment lawyer. They can assess your situation, provide legal advice, and represent your interests in any legal proceedings.
