As employees and employers are bound by terms and conditions of an employment contract made between them, each party should seek legal advice before entering into such an agreement. The Employment Ordinance of Hong Kong protects specified rights of each party notwithstanding terms and conditions agreed within a contract for matters including employees’ entitlement to remuneration, sick leave and long service leave.
If a party breaches an employment contract, the counterparty may void or terminate the contract, depending on the situation. The party in breach may be liable for damages and/or other remedies as the court orders. A party pursuing its rights must do so within six years from the date of breach.
An employee who is injured arising out of and in the course of employment is entitled to compensation in accordance with the Employees Compensation Ordinance. Compensation provided is primarily monetary and calculated based on factors including:
- Extent of loss in earning capacity, either temporary or permanent;
- Medical and travel expenses;
- Comparison with an employee in similar employment.
Weir & Associates has expertise in providing thorough guidance and legal advice on possible claims for a breach of employment contract or personal injury sustained at work.