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Air Hong Kong tax debacle

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Air Hong Kong tax debacle

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Old 27th Jun 2012, 01:12
  #21 (permalink)  
 
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They ARE illegal

Sorry AAIGUY, cannot agree. Below is what my lawyer wrote, what did yours write?

"Bonds are not unlawful in Hong Kong. Put simply, a bond is a term in a contract between an employer and an employee in the same way as, for example, hours of work, rates of pay, amount of leave etc. In aviation a bond is usually linked to an amount of money equivalent to the cost of training which a newly joining pilot agrees to reimburse over a period of time, either by a 'real' monthly deduction from salary or a 'notional' amount per month so long as the pilot remains in employment at the end of the agreed period. Therefore, if an airline states that a job offer is dependent upon reimbursement of training costs by an amount of money or a period of employment (the bond) and the pilot accepts the offer, a contractual relationship is made that is enforceable and is not unlawful."
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Old 28th Jun 2012, 13:41
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There was precedent in the US where the suing Airline lost its case as the Judge ruled that an employee could not be forced to stay in a company and miss a better professional opportunity due to a financial bond.

Terms and conditions may not apply outside USA

Last edited by de facto; 28th Jun 2012 at 13:43.
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Old 2nd Jul 2012, 06:37
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85000 Us$$ for a ****ty A300600 rating.......the Judge is gonna laugh his pants off. (777-Us$ 11500 rating 744-US$11000 ad etc etc)

The bond must any anycase, be legal or not legal, be atleast within reason of he rating acquired, not to mention that these folks are actually employed by "the company" at hand -to bring in $$$$ and get paid the tip in return.

Its a joke guys, cant you see when you are getting scr#$%ed, Oh and the employment hand book for AHK was update 6/2012, see the last line of taxation, if they think this will cover them. (Last ditched panic rush to cover up)
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Old 10th Jul 2012, 00:29
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AHK A310 Captain real take home pay

Hi all, i was offered this position and im trying to figure out what is the real take home pay. I have heard 11, or 12. Is that AFTER HKG tax? Also if i live somewhere else do i still need to pay this tax? I heard if you spend less than 60 days a year in HKG, like overnights, your exempt.

Im currently working for an airline in Mainland china. If it is 11 or 12 the pay cut would be quite large, about 5000 a month but my QOL would dramatically improve.
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Old 10th Jul 2012, 03:50
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Party to the contract is a hong kong based company, and the employment contract is under the jurisdiction of hong kong, or more specifically the labour tribunal of hong kong, and thus you can only lodge a complaint to the labour department of hong kong.

Thinking you were signing a contract from else where would not render your case suitable to be brought up in such jurisdiction.

Hope this helps
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Old 10th Jul 2012, 04:05
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Oddly enough all the lawyers we used said the opposite and no one paid..
Has anyone.. I mean ANYONE, ever been chased after leaving HKA before the bond? No. Why do you think that is? The generous nature of your chinese employer?
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Old 11th Jul 2012, 16:26
  #27 (permalink)  
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Two Captains have resigned over this. More to follow.
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Old 12th Jul 2012, 00:12
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Good luck chaps! Lets see how AHK management handle this issue.

Happy landings.
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Old 14th Jul 2012, 18:47
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Im sure the AHK rank and file know how to handle it. Nevertheless it would be a worry having to pay back a possible tax bill.
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Old 15th Jul 2012, 05:13
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Few wires getting crossed here :
In HK it is against the law to acquire money from someone for training they require to carry out the duties of their employment eg training somebody to fly a certain type of aircraft. As AAIGuy said, if bonds were legal do you really think HKA would have let millions of dollars worth walk away ? They might be incredibly stupid and inept but that is more than made up for by their greed.

Singapore, where AHK is based, completely different story, the bond or whatever you want to call it is 100% legal, and the only person that will get laughed out of court is you. In most cases Singapore airlines and AHK will chase you to the ends of the earth and Singapore airlines has never had trouble convincing the courts that an SO endo on a 747 is worth over 100k.

Enjoy
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Old 15th Jul 2012, 10:07
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Wires crossed?

Not sure about that. According to previous posts, seems the SIN and Malaysia base's are not base's after all. So, the bond would appear to fall under HK law and we know what that means. Time will tell I guess!

Last edited by diablo_caliente; 15th Jul 2012 at 10:08.
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Old 24th Jul 2012, 16:29
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Danger

In Singapore if they do take action just offer 100 dollars a month or if you want just FKOF and watch, it generally aint worth the hassle.
In Malaysia forget it I know so many cases which various companies lost due to unrealistic sum to ask to pay back plus they didnt follow employment regs anyhow. I know at least one Gent who ran during line trg at my present company who still never heard anything after more than 2 YEARS. One of my ex colleugues in FY did 24 hr notice, yes they tried to sue but yet lost due to unrealistic amount. Usually its Big talk Not my intention to say what to do simply my experiences
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Old 25th Jul 2012, 01:41
  #33 (permalink)  
 
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Hello guys

This thread is to do with HK tax issue and not training bond. Heard all crew may have to pay HK tax whether PEN or SIN base!

Good luck!

Last edited by bila; 25th Jul 2012 at 01:46.
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