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Hong Kong > Forums  > Hong Kong Forums  > Moving to Hong Kong  > Everything Else

advise needed for working in HK....

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Old 25-05-2006, 07:41 AM
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advise needed for working in HK....

Good day to all,

I still have some questions before discuss the package with my company. Hope someone can advise or share with me.

1.Is there a labour regulation in HK to protect the foreigner like me who holding an employment visa in HK if the company terminate the employment not due to discipline/misbehaviour matter?

2. In HK, the personal income tax rate is same for foreigner who holding an employment visa/pass and local employee?

3. In Singapore my pay leave is 20 days and the max leave i can get in HK is 14 days. Should i consider to get the balance 6 days pay leave to be include in my basic salary? Why?

Your advise is very much appreciated.
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Old 25-05-2006, 09:54 AM
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1. No, although the Immigration Department doesn't normally have a problem with you staying in Hong Kong to look for another job provided that there is still time to run on your Employment Visa. If you find a new job then you must apply to Immigration to Transfer the Employer's Sponsorship before you start working again.

2. Yes, all other things being equal.

3. This is a simple negotiation between you and your employer. 14 days is not a hard limit, it is just what your employer chooses to give you. When I came to HK on an expat contract I had 25 days; now on a local contract I have 20. It's just down to what you can negotiate. Bear in mind that, most years, you get more Public Holidays in Hong Kong than in Singapore (at least I think you do).

Last edited by PDLM : 25-05-2006 at 10:01 AM.
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Old 25-05-2006, 10:00 AM
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>> a labour regulation in HK to protect the foreigner like me

There are very basic labour laws on notice periods and probation etc.... don't expect too much. If you really do need something specified it should be in the contract and after that it is a contractual issue between you and your employer.

Rest .. as PDLM said ...
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Old 25-05-2006, 11:14 AM
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think most ppl that are considering working in a foreign country are at executive level (i.e. not labourers) and the protection for such workers are generally not legistrated most places in the world.

individually u can sign something with an employer that assures u get the security of e.g. at least 1 year pay, if u are terminated within the year or something... but that depends on how much the employer wants u...

similarly, leave is a separate issue altogether. even in sg many places are giving only 14 days leave.
if u feel the necessity to compute it into the pay, i.e. 1 extra day per month,or essentially 5% more (based on 24 working days), and bargain for that extra bit, then in my opinion it might not be that good an idea to come. the benefit you get for the trip would not outweigh the unhappiness u have over everything else (i.e. pay and etc.)
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Old 25-05-2006, 12:57 PM
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Good day!

Thank you so much for your advise! I think now i am ready with the info on hand and discuss the package with the company.

Have a nice day!
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Old 25-05-2006, 09:36 PM
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[quote=keechin]
1.Is there a labour regulation in HK to protect the foreigner like me who holding an employment visa in HK if the company terminate the employment not due to discipline/misbehaviour matter?

If that happens, your only protection is to hire a solicitor. I went through it, visited the Labor Tribunal, filed my case, etc. At the end, nothing happened, because I was lucky enough to land with a new job in a short time and therefore, I was told that if I really want to pursue the case, I would have to hire a lawyer. So I dropped the case since I couldn't afford to fight a long drawn out case.

2. In HK, the personal income tax rate is same for foreigner who holding an employment visa/pass and local employee?

Yes.
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Old 26-05-2006, 01:00 PM
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Quote:
Originally Posted by keechin
Good day to all,
3. In Singapore my pay leave is 20 days and the max leave i can get in HK is 14 days. Should i consider to get the balance 6 days pay leave to be include in my basic salary? Why?

Your advise is very much appreciated.
As long as the pay leave is >7 days, it is legal in hong kong already. In most of the companies in Industrial industry, they only give 7days at a start.

In companies in trading firms, they will offer 12days+

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Old 26-05-2006, 08:27 PM
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I think there is some basic statutory minimum notice period or severance pay in lieu which applies to all kinds of regularly employed workers whether labourer, clerk, manager, or "executive" (phew!) - doesn't matter whether foreigner or not. I don't know the details, but it's not much. Beyond that it's as per contracted terms as explained above.
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