1. I have been seconded to work in another company. Who is my employer that is liable for my employment entitlements?

1. I have been seconded to work in another company. Who is my employer that is liable for my employment entitlements?

Where Company A has seconded a staff member to Company B, Company A usually remains the employer of that staff member. Therefore, Company B is not liable for your employment entitlements. However, in some circumstances, Company B will also become the employer at the same time even though the only employment contract was by Company A (as in Yung Wai Tak Abraham William v Natural Dairy (NZ) Holdings Ltd [2020] HKCFI 2067, in which the judge explained that documents should be viewed as a whole together with their factual and legal background rather than having regard merely to the individual words used).