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Old 17th May 2020, 13:21
  #37 (permalink)  
GTC58
 
Join Date: May 2002
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Originally Posted by Flying Clog
Not if the officer voluntarily resigns, to prevent a forced move to HKG against his will.
Based pilots are employed by a CX legal entity for that base. If CX closes the base, they also have to close that entity. You can not voluntary resign from a company that does not exist anymore. Base contracts have a clause that you have the right to return to Hong Kong and some even specify the contract you have to be employed on as well. Basically, you have been offered employment with a different company in a different jurisdiction (country). If you chose not to return to Hong Kong, redundancy and severance pay is required in some jurisdictions as the only thing that matters is that the company you were employed with does not exist anymore and your employment in that jurisdiction was terminated due to this.

In summary, a based pilot who does not want to return to Hong Kong does not voluntary resign when the base is closed, but only reject the employment offer for a Hong Kong pilot position. 2 different things. Labor law does not care about employment offers in other jurisdictions.

Last edited by GTC58; 17th May 2020 at 15:40.
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