Originally Posted by
B7777
I have looked this up a few times and according to a number of sources, you must have the force majure clause actually written into your contract, I do not have that written in what I signed.
there is no need for force majeure to be written into contracts in hk. The labor legislation in hk allows contracts to be varied if the company deems the change absolutely necessary. Read chapter 10 of the employment ordinance, below the second table.
“Valid Reasons for Dismissal or Variation of the Terms of the Employment Contract
The five valid reasons for dismissal or variation of the terms of the employment contract are:
the conduct of the employee
the capability or qualifications of the employee for performing his work
redundancy or other genuine operational requirements of the business
statutory requirements (i.e. it would be contrary to the law to allow an
employee to continue to work in his original position or to continue with the
original terms in his employment contract)
other substantial reasons”
if Covid 19 is not a genuine operational requirement, I don’t know what is.
I am not advocating contracts be broken by any means, and I don’t believe they will be, just stating the facts.