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Things to Consider When Changing Jobs in Hong Kong

by on August 3, 2010

Leaving a job can often result in an employee needing to sorts more than a few complicated issues, and this is especially true for expats working in Hong Kong. Before leaving your current job, you will need to give your employer the contractually required termination notice or even payment in lieu of notice. And of course, your employer must do the same if the termination of contract was initiated by them. And that’s the simple part. Next you’ll have to determine whether or not you can get certain termination or end of year payments, as well as how and when you shall receive them. As always, one of the first places you should go for information about employment regulations for expats in Hong Kong is the government website, which has plenty of useful links to help guide you through the job changing process. Below are just a few:

Frequently asked questions about termination of contract of employment: http://www.labour.gov.hk/eng/faq/cap57d_whole.htm

Frequently asked questions about end of year payment: http://www.labour.gov.hk/eng/faq/cap57j_whole.htm

Frequently asked questions about severance and long service payment: http://www.labour.gov.hk/eng/faq/cap57l_whole.htm

Another thing you’ll have to consider is how you’ll manage your Mandatory Provident Fund (MPF) benefits. You may handle accrued benefits by transferring them to a contribution account under your new employer’s MPF scheme, or you may want to transfer them to a preserved account under an MPF scheme of your choosing. You can even keep them in a preserved account under the original MPF scheme for continuous investment. This can all be daunting, and especially so at a time of already high stress, but your options are set out at the government website:

Managing your MPF benefits when changing jobs (including request form for preserved account details):

http://www.mpfa.org.hk/english/abt_mpfs/abt_mpfs_fms/abt_mpfs_fms_cep/abt_mpfs_fms_cep.html

Request for fund transfer form (pdf file):

http://www.mpfa.org.hk/english/leg_reg/leg_reg_gui/leg_reg_gui_p4/files/Annex_A_to_IV_3_e.pdf

And then, of course, there is the issue of your visa and sponsorship. If you have been issued a visa to work in Hong Kong and leave your job, you need to inform the Immigration Department of the termination immediately as you are not allowed to change jobs or work at a part-time job without the permission of the Immigration Department. For more information, visit the link below:

Termination of Sponsorship of Overseas Employees:

http://www.immd.gov.hk/ehtml/faq_es_vnpr.htm#e

As always, if you have questions or comments please leave them below and/or do visit us at Law Alliance.

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