Settling Employee-Employer Disputes: How to Ask Help from HK Labour Department

As much as we hope for a harmonious and productive working relationship with our employers, disputes may arise at any given moment. These disputes can vary in nature, from salary issues to workplace harassment and discrimination. When these conflicts cannot be resolved through open communication and mutual agreement, it’s time to seek external help. In light of this, the HK Labour Department provides a range of services to assist both employees and employers in resolving disputes.

In this article, we’ll explore the different types of disputes that can arise between employees and employers, and the steps you can take to seek help from the HK Labour Department to resolve these conflicts.

The importance of resolving employee-employer disputes is particularly critical in the case of domestic workers, who are vulnerable to various forms of exploitation and abuse. Domestic workers are often employed in private homes, which can make it difficult for them to seek help if they face mistreatment from their employers.

Disputes between domestic workers and their employers can include issues such as:

non-payment of wages,
excessive working hours, and
physical and verbal abuse

It’s essential to resolve these disputes to protect the rights of domestic workers, who may not have access to the same legal resources as other workers. Seeking help from the HK Labour Department can provide domestic workers with the support they need to assert their rights and seek a fair resolution to any disputes they may face.

Legal Services of the HK Labour Department

The HK Labour Department provides legal services to assist employees and employers in resolving disputes related to employment. These legal services include conciliation, mediation, and adjudication.

Conciliation is a voluntary process where a conciliation officer from the Labour Department assists parties in reaching a mutually agreed settlement. This process is informal, confidential, and free of charge.
Mediation is a more formal process where a mediator from the Labour Department assists parties in reaching a mutually agreed settlement. This process is also confidential and free of charge.
Adjudication is a formal process where the Labour Department adjudication officer will hear both parties’ evidence and make a decision. This process is free of charge, but parties may be represented by a lawyer.

In addition to these legal services, the Labour Department also operates the Labour Tribunal, which provides a forum for parties to resolve employment disputes. Parties may apply to the Labour Tribunal for adjudication, which is a more formal process than conciliation or mediation.

The legal services provided by the HK Labour Department aim to provide a fair and impartial resolution to employment disputes between employees and employers.

Common types of employee-employer disputes

Employee-employer disputes can arise for a variety of reasons. Here are some common types of disputes that can occur:

Salary and benefits disputes: This type of dispute occurs when there is a disagreement between the employer and employee regarding the amount of salary or benefits owed. This may include issues related to overtime pay, bonus payments, or other benefits such as sick leave or health insurance.
Working hour and rest day disputes: This type of dispute arises when there is a disagreement between the employer and employee regarding working hours or rest days. This may include issues related to overtime work, rest day arrangements, or statutory holidays.
Workplace harassment and discrimination: This type of dispute involves any behavior that is discriminatory or harassing towards an employee. This may include issues related to sexual harassment, racial discrimination, or bullying.
Termination and severance disputes: This type of dispute arises when there is a disagreement between the employer and employee regarding the termination of employment or the amount of severance pay owed. This may include issues related to wrongful dismissal, redundancy, or constructive dismissal.

It’s essential to resolve these disputes promptly and fairly to ensure a productive working environment for both employees and employers. Seeking help from the HK Labour Department can assist parties in reaching a resolution.

3 Steps to seek help from the HK Labour Department

If you’re facing a dispute with your employer, seeking help from the HK Labour Department can assist in resolving the conflict. The steps to seek help from the HK Labour Department are as follows:

Informal resolution through conciliation: The first step is to try and resolve the dispute through informal means. You can request conciliation services from the Labour Department, which involve a conciliation officer facilitating negotiations between both parties to reach a mutually agreed settlement.
Formal resolution through mediation and adjudication: If the dispute cannot be resolved through conciliation, the next step is to apply for formal resolution through mediation or adjudication. Mediation is a more formal process where a mediator from the Labour Department assists parties in reaching a mutually agreed settlement. Adjudication is a more formal process where the Labour Department adjudication officer will hear both parties’ evidence and make a decision.
Filing a complaint with the Labour Tribunal: If the dispute remains unresolved after mediation or adjudication, the final step is to file a complaint with the Labour Tribunal. The Labour Tribunal is a judicial body that hears employment-related disputes and can make legally binding decisions to resolve disputes.

The HK Labour Department offers a range of services to help resolve disputes between employees and employers, and it’s essential to take advantage of these resources to seek a fair resolution to any employment disputes you may be facing.

Tips for preparing a successful case

When preparing for an employment dispute case, there are several key tips to keep in mind to increase your chances of success:

Collecting evidence: Gathering relevant evidence can strengthen your case significantly. Evidence may include emails, text messages, payslips, or witness statements. It’s important to keep records of any relevant interactions and documents related to the dispute.
Understanding relevant laws and regulations: Employment law can be complex and varies depending on the jurisdiction and industry. It’s crucial to understand the relevant laws and regulations that apply to your case. The HK Labour Department provides information and resources to help employees and employers understand their rights and obligations.
Seeking legal advice: Consulting with a lawyer who specializes in employment law can provide valuable guidance on your legal rights and options. A lawyer can help you navigate the legal process, assess the strength of your case, and represent you in court if necessary.

Video: Seminar on Hong Kong Labour Department and Philcongen Services for OFWs

This video clip is a about a seminar organized by the Philippine Consulate General in Hong Kong, providing information on the Employment Ordinance, Employment Agencies in Hong Kong, and the services offered by the Philippine Consulate. The seminar was held at the Lecture Theater of the Hong Kong Central Library in Causeway Bay on Sunday, 1 June 2014, from 2:00 pm – 5:00 pm. If you are an employee or employer in Hong Kong or a Philippine national seeking assistance from the consulate, this video provides valuable insights and information on your legal rights and options.

Frequently Asked Questions

1. What types of employee-employer disputes can be resolved by the HK Labour Department?

The HK Labour Department can help resolve a wide range of disputes, including salary and benefits disputes, working hour and rest day disputes, workplace harassment and discrimination, and termination and severance disputes.

2. How can I seek help from the HK Labour Department for resolving an employment dispute?

You can seek help from the HK Labour Department by filing a complaint and going through a conciliation, mediation, or adjudication process.

3. What is conciliation, and how does it work?

Conciliation is a voluntary process where a conciliation officer from the Labour Department assists parties in reaching a mutually agreed settlement. This process is informal, confidential, and free of charge.

4. What is mediation, and how does it work?

Mediation is a more formal process where a mediator from the Labour Department assists parties in reaching a mutually agreed settlement. This process is also confidential and free of charge.

5. What is adjudication, and how does it work?

Adjudication is a formal process where the Labour Department adjudication officer will hear both parties’ evidence and make a decision. This process is free of charge, but parties may be represented by a lawyer.

6. Can I seek legal advice when preparing for a case with the HK Labour Department?

Yes, it is advisable to seek legal advice when preparing for a case with the HK Labour Department. A lawyer who specializes in employment law can provide valuable guidance on your legal rights and options.

7. What kind of evidence should I collect to strengthen my case?

Relevant evidence may include emails, text messages, payslips, or witness statements. It’s important to keep records of any relevant interactions and documents related to the dispute.

8. What are the benefits of seeking help from the HK Labour Department to resolve an employment dispute?

Seeking help from the HK Labour Department can provide you with the support you need to assert your rights and seek a fair resolution to any disputes you may face. The Labour Department’s legal services aim to provide a fair and impartial resolution to employment disputes between employees and employers.

Final Thoughts

By understanding the services provided by the HK Labour Department, employees and employers can have a clearer understanding of their legal rights and options when facing employment disputes. By collecting evidence, understanding relevant laws and regulations, and seeking legal advice, parties can prepare a successful case that will increase their chances of achieving a satisfactory outcome. Ultimately, seeking help from the HK Labour Department can provide a fair and impartial resolution to employment disputes, allowing parties to move forward and continue to build a positive working relationship.