The most popular items of claim in employment disputes include:
- Wages due for work done;
- Wages in lieu of notice of termination of a contract of employment by an employer without giving the required notice;
- Pay for statutory holidays, annual leave, or rest days;
- Severance pay, long service payment or terminal payments;
- End of year payment, double pay or annual bonus;
- Commission;
- Unpaid wages of up to 2 months against the principal contractor and superior sub-contractors in the building and construction industry
- Wages in lieu of notice on resignation or termination of contract of employment
MINOR EMPLOYMENT CLAIMS ADJUDICATION BOARD
In Hong Kong, if employment claims involving not more than 10 claimants for a sum of money not exceeding HK$8,000 per claimant, they could be adjudicated in the Minor Employment Claims Adjudication Board (MECAB). MECAB is set up under the Minor Employment Claims Adjudication Board Ordinance adjudicates minor employment claims. Hearings of minor employment claims are conducted in public and no legal representation is allowed. The award or order made by an Adjudication Officer of the Board is legally binding.
LABOUR TRIBUNAL
Employment claims falling outside the jurisdiction of the MECAB are heard by the Labour Tribunal in Hong Kong. The Labour Tribunal aims at settling monetary disputes between employees and employers. There is no upper limit on the amount of claim. Neither party may be legally represented.
COURT OF FIRST INSTANCE
Parties dissatisfied with the judgment of the above two legal bodies may apply for a review. They may also apply to the Court of First Instance for an appeal.
MEDIATION
In any events, parties could choose mediation to solve their employment disputes. This is a simple, fast, low costs and less suffering (both psychologically and monetarily) way of resolution of employment disputes.
Hong Kong Professional Mediation Association provides labour-dispute mediators who are trained to deal with different situations of labour issues.
Do call us for trying mediation to solve your disputes:
Telephone：HK（852）2110 0834
email： info@mediatorassociation.org
Service: 10:00am to 6:00pm (Mon to Fri)
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