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| *Ostroff, Fair and Company>>>Law & Legal |
A US owned HK company terminated a senior executive without a written cause of termination, what can we do? |
Is there any US legislation about employee termination procedure and corresponding documentation? How it can apply to other international subsidiaries? Absolutely nothing. Hong Kong, being the freest economy in the world does not interfere with such matters. US laws are very intrusive and while there may be "wrongful termination" laws in place, they do not apply outside of US territories and certainly not in HK. Nope.... in Hong Kong you are truly free to run your company anyway you see fit. What does his contract say about terminations ? If it is a Hong Kong company, then Hong Kong law applies--regardless of ownership of the company. It would be a different story if a US company sent an employee to Taiwan, and then terminated the services of that person without cause. The fact that we are talking about a senior executive, as opposed to an employee, is not relevant. I would think that you would have to look into your own local laws governing wrongful termination! Just because the Co. is owned by the US or any other country doesn't mean that their country corp laws will be excepted in another country. Look into your own countries laws for wrongful termination and see what they say. I am sorry to here of your circumstance but even in the USA they have their own laws and if the company is own by lets say a German company, they must follow the USA laws not German Laws. Do you see where I am going with this. Good Luck |
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