Can I Use the Impending Expiry of My Hong Kong Work Visa as a Way to Force the Early Termination of My Employment Contract?
Posted in Employment Visas, Family Visas, The Hong Kong Visa Geeza, Your Question Answered /
In the final analysis, this question is really about employment law which I am not qualified to answer (I’m an immigration guy).
However, it does afford an opportunity for a discussion about extending an employment visa when there’s only the notice period remaining on a subsisting employment contract.
I am an Australian expat, currently working under employer sponsorship in Hong Kong. This question is about the expiry of my Hong Kong work visa.
I have recently handed in my resignation letter to my employer which requires a notice period of 2 months. As I am a ‘key employee’ the news has been taken fairly badly and they are forcing me to work the full notice period.
I want to be a good guy but the new role is a fantastic opportunity (not in Hong Kong) and the offering company is being pushy about the start date.
My current employer has rejected all propositions of negotiation.
The problem lies in the fact that my employment visa is due to expire in 5 weeks.
There is no mention of the visa in my employment contract.
Can the current employer demand that I renew my employment visa?
My spouse is also supported by this visa.
I would be quite happy to call it quits at the expiry date, pay all my bills and leave Hong Kong for good.
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