This is an agreement to arbitration between the employer and an employee as a condition of employment. It highlights the conditions of the arbitration including confidentiality, fees, costs, and legal status of the arbitration as well as the appointment and authority of the arbitrator.
Letter of employment termination issue by the employer to the employee highlighting the termination date, termination reasons, compensations, returned properties and post employment restrictions.
One way Non Compete and Non Solicitation agreement for employment. It imposes a unilateral non-compete and non-solicitation obligation on the employee. This is drafted in short and simple form to procure signing without negotiation. This is drafted in neutral form.
Yes, garden leaves are generally enforceable to prevent an employee from taking a job at a competing business immediately post-termination of their contract. What is garden leave? Garden leave allows an employee who has left their position and no longer needs to report to work but still remains on the payroll and entitled to full … Read more
Yes, non-competes are enforceable, if they are reasonable. Employers should state the non-compete clauses clearly and precisely in the employment contract. What is a non-compete? A covenant not to compete, also called a ‘non-compete’, is a clause included in an agreement, between an employer and employee, whereby the employee agrees not to work in competition … Read more
Yes, employers can offset MPF contributions. How to offset MPF contributions If severance payment/ long service payment has been paid: Employers may make an application with supporting documents to their trustees to withdraw the MPF derived from the employer’s contributions from the employee’s account.Employers may require their employees to acknowledge receipt of such payment in … Read more
An employee employed under a continuous contract for not less than 5 years is eligible for long service payment if: he is dismissed (except by reasons of redundancy or summary dismissal due to the employee’s serious misconduct); his fixed term employment contract expires without being renewed; he dies during employment; he has been issued a … Read more
Severance payment is the compensation an employer provides to an employee if they have been dismissed due to redundancy or laid off, so only these employees are eligible for a severance payment. Redundancy An employee is dismissed due to redundancy if the dismissal is because: the employer closes or intends to close the business; the … Read more
When a dispute arises, an employee should first approach their employer with a written notice of their claim within 3 months of the termination of employment. If they cannot settle the dispute, the employee may bring it to the Labour Tribunal within 9 months of terminating the employment. The Labour Tribunal may order: reinstatement or … Read more
An employer cannot dismiss an employee whenever they want to, as there are circumstances where dismissal is unreasonable or unlawful. Unreasonable dismissal The Employment Ordinance states 5 valid reasons for dismissal or variation of the terms of an employment relate to: (a) the conduct of the employee; (b) the capability or qualification to perform work; … Read more