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The Labour Department is concerned about cases in which employees of the insurance sector have been owed compensations upon termination of their contracts. The department has received 16 claims from employees of the insurance sector and will provide conciliation service to the employees and the concerned insurance company with a view to resolving the matter.
The Labour Department has been proactively providing conciliation service to employers and employees in all sectors. Employees of the insurance sector who have disputes with their insurance company regarding their employment status are advised to approach the Labour Relations Division of the Labour Department which will assist both parties to settle the disputes through conciliation. The Labour Department will refer cases that cannot be resolved through conciliation to the Labour Tribunal for adjudication. On the other hand, employees who suspect that they are deprived of statutory rights and benefits are encouraged to come forward to lodge a complaint with the Labour Department's Complaint Hotline (2815 2200) and to provide us with details of their employment terms to facilitate further investigation.
The Employment Ordinance has clear provisions governing termination of employment contracts. Employers and employees intending to terminate the employment contract should give notice to the other party in accordance with the contract or the Employment Ordinance or pay wages in lieu of notice to the other party. Both parties may also reach agreement to waive the notice requirements for termination of the employment contract. In so doing, they are advised to keep written records to avoid future disputes.
The Labour Department has published leaflets to enhance public understanding on how to distinguish an employee from self-employed person. The leaflets have been uploaded to its homepage and are also widely distributed through different channels. An information kit has also been produced to help enquirers differentiate employees from self-employed people. Employees are advised to be vigilant and clarify their employment status before entering into contract. They are welcome to approach the Labour Relations Offices of the Labour Department for advice in case of doubt.
Ends/Thursday, January 7, 2010
Issued at HKT 18:08
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