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Concerns about employment contract

by Ann, Sunday, October 26, 2014, 11:29 (3467 天前)

I have a few questions about my employment contract.

1) In the contract, it stated that sick pay will be paid in accordance with relevant laws applicable in Hong Kong. However, as far as I know, there is no sick pay in the company. Is it legal to do that? And what is the pay according to the law in HK?

2)The contract stated that there's a staff manual attached, which states the terms and conditions of employment with the company. However, there is no such thing as staff manual in this company. Is the company violating laws?

3)In the terms relating to termination of employment, employee is requires to reimburse a certain amount of money for the training expenses if you want to terminate the contract before its full term. However, if i am still under probation period, am i responsible for this termination payment according to the law?

4) Under the terms of contract, I am required to go to any locations in HK to carry out my duties. However, i was delivered to places that are far away from my living place. Compared to other employees, they got places that are nearer to their living places. Can I treat this as unfair treatment? Is there any law regulating this type of issue?

Thank you!

Concerns about employment contract

by 勞聯權益委員會 ⌂, Monday, October 27, 2014, 14:32 (3466 天前) @ Ann

多謝閣下的查詢,根據僱傭條例,僱員病假不少於連續4天;僱員能夠出示適當的醫生證明書;及僱員已累積足夠的有薪病假,是有權領取平均工資4/5的疾病津貼。另外任何僱傭合約的條款,如有終止或減少《僱傭條例》所賦予僱員的權利、利益或保障的含意,即屬無效。因此公司的合約條款是不能少於法例要求的。
另外如合約上有規定離職要各公司支付特別的賠償,閣下必須了解什麼情況需要支付,自己辭職需要支付,還是被解僱都要支付呢?因此本會建議閣下致電與我們聯絡,待本會了解事件,才能有效分析事件,為閣下解決問題,本會電:27793766高先生/蔡先生

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