URGENT: Legal Advice

Hi All,

I really need all your advice with this one.

I came to HK 8 months ago - had secured a job over the phone teaching, had provisional contract emailed to me before I left home etc. Anyhow, got to HK - really loved the job. Nice people etc. However the last couple of months the company has had a big turn around and its really not a nice place to work. I have copped a lot of slack for things that I consider to be unfair. One thing - I had a complaint about my dress sense that it was too "sexy" - but I was informed as to who this complaint came from and it turned out to be a jealous teacher. 2. Parents have been looking through the window of my classroom (this is the norm at my school) however they cannot hear what happens inside class, and made formal complaint that I had no classroom management skills, and asked the company what they were employing me for. LET ME EXPLAIN THE SITUATION AS I EXPLAINED TO MY EMPLOYER - I teach very young children, and in this particular class I had three 4 year old girls (no assistant) running around the classroom. Their English is very limited and they would not obey any instruction. So I stood at the end of my table watching them for about 10 seconds. I watched them for 2 reasons - 1. To see if they would realise I was waiting for them. 2. To think "what am I actually going to do here?" the parent looked in window while I was standing. Hence - after complaint was made I recieved a formal warning letter stating that I had violated the contract (it says in the contract that if there are sufficient complaints from colleagues or parents that the company has teh right to instant dismissal), but instead I got issued a warning letter (personally I think it's bollocks for the reasons they gave me a letter). Then they intimidated me in the managers office and compared my numbers against other teachers (some who are close friends), saying that they are gaining less revenue from me compared to other teachers. They suggested I go on a "bonus" scheme instead of a fixed salary (which I have infact signed for 2 years) which would mean I would be on a VERY LOW base wage and the rest of the money would be earnt as bonuses (an amount of money per child that I teach). I turned this offer down, as I thought it was derisory. THEN.....I thought it was best to hand my notice in - so...I went and got myself a new job (which starts in Aug) and handed in 1 month resignation. HOWEVER....the contract I have signed stipulates 3 months resignation period, and so I changed my resignation to 3 months; however stated that it would be in best interets of employer and employee to let me go ASAP. So...in the meantime, I have been threatened with lawyers, because if I walk out before they "let me go" then I owe them (as in contract) money for the ammount of time I have not worked during resignation period. However, there are ways around this and I am sooooooooooo utterly unhappy here now that I don't really care if they chase me for the money or not - I can deal with it. So I am also worried that they wont pay me for this month. I am not sure if they can do that. I am basically at the stage now where i want to walk today. I know my visa will be fine - have already investigated - current employer cancels my current one and my new employer has agreed to sponsor me for new one.

WOW - THIS IS SO MUCH. SOMEONE GIVE ME SOME ADVICE. WHAT AM I FACING HERE???

According to the Hong Kong Employment Ordinance (sec 8A) if the terminating party (you) does not make the (compensation) payment, then the dismissal will be wrongful and, if that is established, the innocent party (them) will be entitled to compensation equivalent to the payment in lieu of notice. Plus you most likely would have to pay any legal fees.


I don't understand why you said in your resignation that it would be in the interests of both parties if you could resign right away. Did you state whether that would be with or without compensation?


Besides, even if you were willing to pay compensation for those months, there is no assurance the employer would accept it (they don't have to) so you would be back to square one.


If you are working out your resignation period, your employer must still pay you (unless you agreed in writing otherwise) within seven days of the pay date. FYI, there have been a few cases where the employee was entitled to terminate the employment when the wages due were not paid.


[I am not a laywer, but a lay person who has had some dealings with HK employment law on behalf of friends.]

Thanks, Claire!