employment contract assignment

- A part time worker is also entitled to compensation of dismiss under the Employment Ordinance.
- You have to specify how long Wong has been working for that company. This is the major key on whether Wong can receive compensation.
- The whole case has nothing to do with the Worker’s Association, unless the management explicitly told Wong (either in writing or verbally) that he was fired because he was involved with the Association.
- Since there was no written contract between Wong and the company, Wong has to prove that he worked for the company, like the receipt of salary to his bank account, etc.
- If Wong got his salary in cash, then he should try to find any evidence that specified the salary was paid by that company. For example whether he has signed any receipt of receiving the salary, or his time card.
- It is not a problem if Wong does not have above documents (may be he did not have the copy). As long as he can convince the Labour Department that there is an existence of such document, the Labour Department will urge the company to submit those document.
- The 7 days’ notice is legal or illegal really depends on how long Wong worked in that company. It also depends on the company’s normal practice in dismissing any other staff.
- No matter whether Wong has any written contract with the company or not, the actual fact that he had been working for the company is an evidence of him being a staff of the company.
- Even if the employment was just made verbally, it is still as valid as a written employment letter.