2 months notice with daily rate

Posted by amadeo (345 days ago)

Hi,

In my contract, my employer must give me a 2 months notice in case of early termination. Also, I'm paid on a daily rate basis.. (don't come in, no pay..).

They recently laid off a colleague, gave him his 2 months notice and told him not to come in anymore.. so no pay.. !

Is that legal ? Where could I get such information ?

Thanks
Ale

(I am based in Hong Kong)

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Posted by omaharrison (345 days ago)

If the contract says that you are paid on daily basis AND that he has to give you 2 months notice, then he has to either give you 2 months notice or tell to never come back AND pay for those 2 months.
Usually employers are affraid that during the the notice period the employee will cause damage to the company so they simply tell the person "dont come any more" and pay for the notice period.
In your case it looks like the employer is using the 'daily basis payment' as a way to avoid the 2 months notice. Quite smart, to be honest, he can always say there is no more work to be done.
Maybe try going to labour tribunal and ask how much is the cost for action and he can look at the past months, let say 6 months, and ask for the avarege times two months.
You can also try the labour department, but i found them quite useless for answers.
I found that usually 'talking' to the person and mentioning the right to take him to court 'persuades' him to settle on something which will leave your friend satisfied.

(I am based in Hong Kong)