
Best Wrongful Termination Lawyers in Wanchai
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Wanchai, Hong Kong


Brenda Chark & Co-Hong Kong Law Firm

ELLALAN - Ella Cheong & Alan Chiu, Solicitors & Notaries

Harvey Law Group Hong Kong

Elsa Law & Co.

Munros Solicitors

Slotine - Hong Kong Law Firm

MinterEllison Hong Kong
About Wrongful Termination Law in Wanchai, Hong Kong:
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.
Why You May Need a Lawyer:
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.
Local Laws Overview:
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.
Frequently Asked Questions:
1. What qualifies as wrongful termination?
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.
2. What is the statute of limitations for filing a wrongful termination lawsuit in Hong Kong?
Under the Hong Kong Labor Tribunal, a claim for wrongful termination should be lodged within six months from the date of termination.
3. Can I get my job back if my termination was wrong?
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.
4. What type of compensation can I expect in a wrongful termination suit?
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.
5. Can I file for wrongful termination if I was forced to resign?
Yes, constructive dismissal cases, where an employee is forced to resign due to an employer's conduct, can also be considered as wrongful termination.
Additional Resources:
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.
Next Steps:
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.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.