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Hiring and Firing law in Yuen Long, Hong Kong is primarily governed by the Employment Ordinance. It stipulates employee rights and protections, including hiring practices, hours of work, rest days, wage details, leave provisions, statutory holidays, and the terms and conditions regarding termination of employment.
The complexities of employment law can sometimes leave room for disputes and misunderstandings. Specialized legal advice can be crucial in situations such as potential wrongful dismissal cases, breaches of employment contracts, discrimination in the hiring process, lack of appropriate documentation needed for hiring, and failure to meet statutory employment obligations. An experienced lawyer ensures your rights are fully respected and you're adequately represented in court if a legal dispute arises.
The Employment Ordinance (Chapter 57) is the main law governing the hiring and firing process in Hong Kong, including Yuen Long. Key aspects include provisions for termination notice, severance pay, long service payments, unfair dismissal, and protection of wages. Employers must observe statutory rights such as paying salaries on time, granting rest days and annual leave, and not unlawful dismissal.
This generally includes terminations based on discriminatory reasons, dismissals during maternity leave or sickness, or not providing appropriate notice or wages in lieu of notice.
The Employment Ordinance mandates employers to provide at least one month's notice or one month's wages in lieu of notice.
If you have been employed continuously for at least two years and are dismissed or laid-off, you are generally entitled to severance payment. Similarly, you may be entitled to long service payment if you are resigned after five years of service.
Hong Kong has four Anti-Discrimination laws that prohibit discrimination based on race, sex, disability, and family status. These laws apply to all stages of employment, including hiring.
While it's not obligatory to provide a written contract under Hong Kong law, it is considered best practice. A written agreement can help avoid disputes over employment terms.
Use resources like the Hong Kong Labour Department, the Equal Opportunities Commission, the Legislative Council of Hong Kong, and other legal experts who can provide specialized advice in hiring and firing laws. Pro-bono clinics and legal aid can also be beneficial for those in need of advice but can't afford a private lawyer.
If you need legal assistance, seek professional legal advice from a lawyer specializing in employment law. They can guide you throughout the whole process, ensuring your actions align with the hiring and firing laws of Hong Kong. Additionally, you may want to report the issue to the relevant trade union or regulatory authorities, like the Labour Department or Equal Opportunities Commission.
