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Wrongful termination, also referred to as unlawful dismissal or unfair termination, is a serious issue in Wanchai, Hong Kong. According to the Hong Kong Employment Ordinance, it is illegal for employers to terminate an employee unreasonably or based on discriminatory grounds. This could include reasons related to race, gender, marital status, pregnancy, disability, or family responsibility, among others. It also includes any termination that happens while the employee is on statutory sick leave or maternity leave.
In many cases, an employee might not be fully aware of their rights and may not realize they have been a victim of wrongful termination. A lawyer specializing in employment law can provide necessary advice, guidance, and representation. This is especially vital if an employer does not adhere to the provisions outlined in the employment agreement or goes against the Employment Ordinance. If you suspect you've been unfairly dismissed, or if you seek compensation or reinstatement, hiring a lawyer can help you navigate through the complex legal process and fight for your rights.
The main protection against wrongful termination in Hong Kong is stated under the Employment Ordinance. Under this law, it is unlawful to terminate an employee for a variety of reasons including undertaking jury service, giving evidence or information in any proceedings or inquiry in connection with the enforcement of the employment ordinance, or exercising rights in accordance with occupational safety and health ordinances, among others. A violation of this ordinance can result in severe penalties including payment of compensation, reinstatement, or re-engagement of the employee.
According to Hong Kong laws, wrongful termination can be any dismissal that is discriminatory, retaliatory, or breaching an employment contract and/or the Employment Ordinance.
Under the Hong Kong Labor Tribunal, a claim for wrongful termination should be lodged within six months from the date of termination.
Yes, the Labor Tribunal may order reinstatement or re-engagement of the employee if it deems appropriate, although it generally only does so if the employee consents.
Compensation could include payment for lost wages, benefits, and emotional distress. Also, if the termination violates the Employment Ordinance, additional statutory remedies may be available.
Yes, constructive dismissal cases, where an employee is forced to resign due to an employer's conduct, can also be considered as wrongful termination.
For further information and help, individuals may consider contacting the Labour Department of the Hong Kong SAR Government, the Legal Aid Department or Hong Kong’s Equal Opportunities Commission. These organizations offer resources and support related to wrongful termination and employment rights in Hong Kong.
If you believe you have been wrongfully dismissed, you should first review your employment contract and gain an understanding of the terms related to termination. It may then be advisable to consult a lawyer experienced in employment law. Keep a record of all interactions, communications, and documents related to your employment and dismissal as they could be useful evidence. If necessary, your lawyer can help you file a claim with the Labour Tribunal or other appropriate legal avenues.
