Employment Contract Transfer Obligations
Summary
In Hong Kong, if an employment contract is formally transferred within the same company, the new employer may be obligated to pay long-term service fees if the employee has been continuously employed for at least 5 years. The Employment Ordinance considers continuity of employment even with a change of employer within the same company.Full Conversation
hong kong
In Hong Kong, employment laws are quite specific. Since Person B is now the employer, they would generally be responsible for honoring the employment contract, including any long-term service fees.
Could you provide more details about the employment contract or any specific terms regarding the long-term service fee?
no but the helper has not been under person B for more than 5 years
In Hong Kong, the Employment Ordinance outlines the responsibilities of employers. If the helper has been continuously employed for over 2 years, they may be entitled to long service payment. Since the helper has been with the same company for 7 years, the continuity of employment might apply here.
Could you clarify if there was a formal transfer of the employment contract from person A to person B?
yes
In Hong Kong, if there was a formal transfer of the employment contract, Person B may still be obligated to pay the long-term service fee, provided the helper meets the criteria under the Employment Ordinance.
- Long Service Payment: Eligible if employed continuously for not less than 5 years.
- Continuity of employment is considered even with a change of employer within the same company.
Do you have any other specific queries or need further clarification on this matter?