5. If I (as an employee) am facing unreasonable dismissal or unreasonable variation of the terms of my employment contract, then what can I do to protect my rights?

5. If I (as an employee) am facing unreasonable dismissal or unreasonable variation of the terms of my employment contract, then what can I do to protect my rights?

Before bringing the dispute to Court, you can try to seek assistance from the Labour Relations Division of the Labour Department (telephone hotline: 2717 1771 or email: enquiry@labour.gov.hk). The staff of this Division provide a preliminary conciliation service to help in settling disputes and claims.

If you fail to settle your dispute amicably outside the court, then you can bring your case to the Labour Tribunal. The Labour Tribunal, in considering the case, may order:

1. reinstatement or re-engagement ; or
2. an award of terminal payments against the employer.

Please note an order for reinstatement or re-engagement will only be made if BOTH the employer and the employee agree to the making of the order.

For more details about the proceedings in the Labour Tribunal, please go to “Introduction to the Labour Tribunal”.