試用期辭職薪金
我的試用期為01-March-2015至31-May-2015, 在19-March-2015 (試用期內)辭職.
公司一開始作出以下回應 (23-March-2015, 9:48am):
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Please come to our office at some point this week to sort out your salary
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但我自覺短短19天內没有對公司貢獻所謂的"Output" (即没有為公司帶來任何收入), 因而向公司作出"For my salary, since I have no output or value to the company, therefore, it is not necessary for the company to pay me."的電郵字句. (23-March-2015, 5:03pm)
而公司作出以下的回覆 (24-March-2015, 7:06am):
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The company will not pay you as there has been no visible output.
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請問:
1. 公司在此情況下 (即使我作出"not necessary for the company to pay me"的陳述), 是否可以不出那19天的薪金給我?
2. 公司第一週就向我索取資料呈報稅局, 如公司在此情況下不出薪金給我, 當稅局要求我報稅時, 我報$0會否有問題?
謝謝
以下為Employment Contract:(以XXX代替私人資料)
1. Commencement of Employment
Effective from 1 March 2015 until either party terminates the contract.
2. Probation Period
1 March 2015 – 31 May 2015
3. Position and Section Employed
XXXXXX Consultant
4. Place of Work
In designated office in Hong Kong, occasionally at home
5. Working Hours
40 hours per week. Normal working hours are from 9:30 a.m. to 6:30 p.m. with one-hour lunch break, Mondays through Fridays. The Employee may be required to work overtime as deemed necessary by his/her immediate supervisor, and is not eligible for overtime payment outside office hours.
6. Rest Days
On every Saturday and Sunday
7. Remuneration
(a) Rate Fixed remuneration of HKDXXXXXX per month.
(b) Payment and Period
Every month, on 25 th day of the month for remuneration period from
1 st day of the month to the last day of the month.
8. Performance Bonus
The Employer operates a performance bonus scheme, which is not guaranteed in any way and takes into account matters such as individual performance and the Employer’s profitability for the financial year.
9. Holidays
The Employee is entitled to statutory holidays as specified in the Employment Ordinance and public holidays.
10. Paid Annual Leave
The Employee is entitled to paid annual leave of XXX days per year.
11. Maternity Benefits
N/A
12. Sickness Allowance
The Employee is entitled to sickness allowance according to the provisions of the Employment Ordinance.
13. Mandatory Provident Fund Scheme
The Employer and the Employee are to make contributions towards the Mandatory Provident Fund Scheme in accordance with the requirements specified in the Mandatory Provident Fund Schemes Ordinance.
14. Termination of Employment Contract
A notice period of two months or an equivalent amount of remuneration in lieu of notice (notice period not less than 15 days).
During the probation period:
- within the first month: without notice or wages in lieu of notice
- after the first month: a notice period of 15 days or an equivalent amount of wages in lieu of notice (notice period not less than 7 days).
15. Work Arrangements during Typhoon/Black Rainstorm Warning
The Employee is required to work at a safe location without need of traveling (e.g. home) when typhoon signal no.8 (or above) or black rainstorm warning is hoisted, unless otherwise advised.
16. Confidentiality
All information and matters concerning the practice, business, dealings, transactions or affairs of the Employer or any of its customers or any other matter which may come to the Employee’s knowledge by reason of his/her employment are to be treated as strictly confidential and should not be disclosed to any person, firm or company directly or indirectly. This article shall survive even after the termination of this contract.
17. Intellectual Property Right
Works, inventions and intellectual property created by the Employee in the course of the Employee’s work duties shall belong to the Employer.
18. Others
The Employee is entitled to all other rights, benefits or protection under the Employment Ordinance, the Minimum Wage Ordinance, the Employees’ Compensation Ordinance and any other relevant Ordinances.
The Employer and the Employee hereby declare that they understand thoroughly the above provisions and agree to sign to abide by such provisions. They shall each retain a copy of this contract for future reference.
