Question

1a) Robert worked at a medium-sized accounting firm in Hong Kong. His supervisor, Rachel, asked him to work on Winter Solstice Festival and Christmas Day last year. He reluctantly went to work because he was worried about his contract. This year, Rachel also asked him to work on New Year’s Day (1 January 2019). Patrick, a fellow employee of Robert, told him that he is entitled to certain rights under the laws of Hong Kong, but he cannot remember the details. Robert confronted Rachel and asked her about it, she showed him his employment contract and said he agreed to work on statutory holidays without pay. Robert would like to quit the job and look for another job. He would like to know his rights under the Employment Ordinance and how he can terminate his employment contract without liability. In particular, whether he can use his annual leave to offset the notice period. Advise Robert. (23 marks) 1b. Mary had worked as a model for Stars International Ltd for 14 months. Recently, she found a job in a competing modelling agency (MOMO International). She noticed a clause in her employment contract that prohibited her from working as a model for 6 months in Hong Kong after leaving Stars International Ltd. Mary would like to know the name of this type of clause and the purpose of it in her case. Also, three days before Mary left Stars International Ltd, she had an interview with MOMO International for promotional purposes and the video was posted on Facebook. She wants to know if she is in breach of her employment contract. Advise Mary. (11 marks)

Answer 1

1a)

The employment contract between Robert and the business needs to be read closely here. It is unfair that annual leave should be deemed for a period of time. It must have been clearly stated in compliance with the time of notice provided in the agreement that no right, regular, sick or yearly leave shall be used at the date of the warning period. Another argument is that the required number of days listed without fail should be met by the worker in the notice period. Different companies will have numerous agreements set up for various workers. If an employee agrees entirely to all points in the contractual agreement it is the obligation for the employee to follow the same and cannot make any legal action against the same for which an employee has agreed. If it is clearly mentioned in the contractual agreement as a clause stating that the employee is entitled to work on weekends and public holidays as per company's needs without extra payment, he has to obey the same. Therefore the first step that Robert must take here is to carefully read the contract point by point , understand all the flaws in contract and look for another job. Once the new employer gets a job of his choice, he must ensure that the new employer has no contractual problems other than the current one and that after the notification period is over they agree to hire him with the current company.

1b)

A notice period lasting up to 6 months is the only provision included in the contractual agreement. If so, Mary is technically violating her contractual obligation by endorsing another business, as set forth in the legal terms of the organization she currently works for, and Mary faces the effect. On the other hand, the clause that states that "the employee can not work anywhere for 6 months after contract termination" is pure non-sense.It is because no organization has the right to control an employee's working rights once the contract between the two parties has been completed. Employees are not allowed to work only in conditions such as a prohibition on work, as proposed by Hong Kong's labor law when employees are prevented from work in any company because of demerits of the employee such as the result that the company in which the employee work causes heavy financial damage. From now on, Mary is told that, until the last agreement between herself and the present business, she will comply with the current and do not enter into any kind of deal with another firm. Until now, she will definitely appear in interviews but must make sure she does not partake in any kind of operation to support a competing company, as it is completely contrary to and not relevant to a working ethics framework.

Please leave a like. Thank you.