What is the notice period for dismissal?
If the employer agrees that should the employee be dismissed with notice, then the employer will also provide the employee with one calendar months notice of dismissal. Then the provision for one calendar months notice in the contract of employment is lawful.
Can an employer dismiss you during notice period?
Generally no, as once you have given notice, it can only be withdrawn if your employer agrees (and there is no obligation for an employer to agree to the withdrawal). If your employer fails to do this, it could result in a finding of unfair dismissal.
What is the notice period in Hong Kong?
seven days
The minimum notice that may be specified is seven days unless the contract includes a probationary period (see below). In the absence of an agreed notice period, either party may terminate the contract on not less than one month’s notice. Any period of notice cannot include statutory annual or maternity leave.
What are the rules for notice period?
No employer can, without a reasonable cause, terminate the service of an employee who has been in his employment continuously for a period of 6 months or more. The termination cannot be without giving such an employee at least one month’s notice in writing or wages instead.
Can my employer fire me without notice?
In California, firing an employee is legal for the most part. As an “at-will” state, both the employer and employee can end the working relationship at any time and without notice. However, when an employer fires an employee for the wrong reasons—illegal reasons—you have the right to file a wrongful termination claim.
Can a company dismiss you without warning?
No, generally firing an employee without a warning is not considered illegal. However, it mainly depends on the type of employment contract you signed with the employer. Most employees are considered at will employees and in this case the employer can terminate you without any warning as long as it is not illegal.
Is a notice period legally binding?
You are duty bound to honour the notice period specified in your contract of employment, whether that’s one week, one month or three. If you have signed a legally binding contract, it is enforceable by law. Your notice period starts the day after you let your employer know that you are leaving.
Can employers terminate employees?
Generally, an employer has the right to end the employment of an employee at any time, as long as they provide the required length of notice or pay in lieu. The exception is where the dismissal is in violation of human rights legislation. For more information, see the Alberta Human Rights Commission.