[larac]

Ok so my office has a dire employee and an HR manager that is not very helpful. So how do we dismiss the employee?
All my google searches keep coming up with the Employment Ordinance which is all about protecting the employee but gives no information on the steps you have to take as the employer to successfully dismiss a person ie: do you have to give warnings? If so how many and in what format? Do you have to give remedial training? How long do you have to take with the process?

Any advice would be welcomed.

[hello_there]

Might be worth having a chat with a local employment lawyer. Its a good idea to know the actual law on these things (and have the law reflected in a company policy) - can save you from problems getting out of hand. Sorry I don't know the HK specifics, but if it was a US employee a series of written warnings would be in order, specifically describing the diciplinary situation, corrective action taken and outcome.

Also, check the guy's employment contract. It may say something about dismissal at will or without cause. In that case its much easier.

[Katanga]

generally works best if you have an honest conversation with the employee and tell him/her its not working out and that you want to agree to an amicable parting of company.

If you pay off the statutory minimum entitlement as a redundancy then you should be ok.

[Boris]

Try this
http://www.ilo.org/public/english/di...untries/hk.htm

and some case law
http://www.hg.org/articles/article_464.html

The ordanance also should give you all the information you need. Just read it from the employers point of view.

[climber07]

Originally Posted by larac

So how do we dismiss the employee?

Usully saying " Don't let the door hit you in the ass!" does the trick for me

[hullexile]

Originally Posted by climber07

Usully saying " Don't let the door hit you in the ass!" does the trick for me

Ah but you have to be careful. There is a wonderful amount of case law in the UK on the exact meaning of "f**k off" when said by the boss. Does it mean you are dismissed I never want to see you again; or leave work now but come back later; or just get out of my sight but don't leave the workplace? Pages and pages of great reading

[larac]

Thanks for the advice so far - I'll check out those links.

Unfortunatley this person knows they are trouble but has no conscience. For some reason the HR lady is protecting them...starting to wonder if they are related. This person has threatened legal action which was completely unfounded previously so is likely to cause trouble. I honestly think they are looking to get fired. I have no idea why a person would want to stay working in a place where their teammates hate having them there and that they know they are in the firing line.

Any more tips??

[hullexile]

Keep a record of actions they have done or things they have said. Any performance reviews?

[links]

usually if no special clauses in your contract, you will only need to give an advance notice 1 month -3 month before, according to what you have agreed in the contract.

the best media to deliver the message will be send out an email to that employee and follow by a letter.

HK labor protection is kind of lean towards the employer. You are a nice boss who will think twice and give chances to your employee.Many local boss here just fire and send off workers like peanuts.

[hello_there]

Don't send out an e-mail. It should be done in person, followed by a (registered) letter. I'm not sure if you discuss the reasons for termination with the employee in HK, but I expect if the termination is for cause you should have clear documentary evidence of the cause. Also, if you really expect to get sued, think about contacting an employment lawyer beforehand, to make sure you follow all the right steps which will help minimize the employees potential legal claims.