Labour Tribunal Claim Form (Hong Kong)

A Labour Tribunal Claim Form in Hong Kong sets out a party's case and the orders it asks the court or tribunal to make.

The Labour Tribunal has exclusive jurisdiction over monetary claims arising from employment relationships in Hong Kong where the claim amount does not exceed specified limits, and concurrent jurisdiction with the District Court for certain claim types. The Tribunal is presided over by Presiding Officers — legally qualified judicial officers of the Judiciary — who conduct hearings at the Labour Tribunal sitting at Wanchai Tower, 12 Harbour Road, Wan Chai, Hong Kong. Legal representation is generally not permitted at Labour Tribunal hearings except with the Presiding Officer’s leave, making the Tribunal genuinely accessible to employees without legal training or financial means to engage solicitors.

The Employment Ordinance (Cap. 57) is the principal legislative framework governing the statutory entitlements that employees in Hong Kong can claim at the Labour Tribunal. Cap. 57 applies to employees employed under a continuous contract — generally defined in the Fourth Schedule to Cap. 57 as employment for 18 hours or more per week for 4 consecutive weeks — and imposes minimum standards for wages, notice, rest days, annual leave, sickness allowance, maternity protection, and terminal payments including severance and long service payments. Employees who are employed under a continuous contract and whose employer fails to pay statutory entitlements may file a Labour Tribunal Claim Form to recover the amounts due.

The Labour Department, headquartered at Tang Wah Street and maintaining district Labour Relations Offices across Hong Kong (including offices in Kowloon, the New Territories, and Lantau), provides free conciliation services to assist employers and employees in resolving disputes before a Tribunal hearing. The conciliation service is administered by Labour Relations Officers who support negotiations between the parties. Successful conciliation results in a binding settlement that avoids a formal Tribunal hearing. Where conciliation fails, the Tribunal Clerk’s Office receives the Claim Form and arranges service on the respondent and a hearing date before a Presiding Officer.

The Mandatory Provident Fund Schemes Authority (MPFA) handles complaints about unpaid or underpaid MPF contributions separately from the Labour Tribunal process. Employees whose employers have failed to enrol them in an MPF scheme or to make the required contributions under the Mandatory Provident Fund Schemes Ordinance (Cap. 485) — 5% of relevant income by both employer and employee, subject to the relevant income cap — should report the non-compliance to the MPFA in addition to any Labour Tribunal claim for wages and other entitlements.

The time limit for filing a Labour Tribunal claim is generally 1 year from the date the cause of action arose under Cap. 25 — typically the date of termination or the date a payment became due. Employees must act promptly to preserve their right to bring claims before the Tribunal.

A Labour Tribunal Claim Form in Hong Kong is needed when an employee has a monetary claim against their employer arising from an employment contract or statutory entitlement under the Employment Ordinance (Cap. 57), and the dispute has not been resolved through direct negotiation or Labour Department conciliation.

An employee who has been dismissed — whether summarily for alleged misconduct, by notice, or by reason of redundancy — and whose employer has failed to pay all outstanding wages, notice pay, annual leave pay, or severance payment under section 31 of Cap. 57 should file a Labour Tribunal Claim Form within 12 months of the termination date. The Claim Form initiates Tribunal proceedings that can result in a monetary award enforceable against the employer.

An employee whose employer has made unauthorised deductions from wages — in breach of section 32A of Cap. 57, which prohibits deductions other than those specifically permitted by Cap. 57 or other applicable law — may file a Tribunal claim to recover the unlawfully deducted amounts. The Employment Ordinance (Cap. 57) provides that wages must be paid in full at the agreed intervals, and any deduction not permitted by the Ordinance is recoverable.

An employee who has accumulated untaken annual leave entitlement — 7 to 14 days per year depending on years of service under section 41 of Cap. 57 — and whose employer has refused to pay the outstanding leave pay on termination should file a Tribunal claim for the statutory leave pay. Failure to pay accrued annual leave is a common basis for Labour Tribunal claims in Hong Kong.

An employee who has been on paid sick leave under a valid medical certificate issued by a registered medical practitioner and whose employer has refused to pay sickness allowance at 4/5 of daily wages under section 33 of Cap. 57, or who has been dismissed while on paid sick leave in breach of the protection in section 33(5) of Cap. 57, should file a Tribunal claim immediately.

An employee who qualifies for long service payment under section 29 of Cap. 57 — having served 5 or more years under a continuous contract with the same employer — and whose contract has been terminated otherwise than by summary dismissal for serious misconduct, should file a Tribunal claim for the long service payment if the employer refuses to pay.

An employee who wishes to challenge their dismissal as unreasonable under section 32 of Cap. 57 — having been continuously employed for 24 months or more — should file a Tribunal claim seeking reinstatement, re-engagement, or a terminal payment calculated in accordance with the formula in Cap. 57. Section 32 provides that dismissal without sufficient reason is unreasonable and entitles the employee to a remedy.

An employer who has overpaid wages or advances to an employee — or who has a monetary claim against an employee under the employment contract — may also file a Labour Tribunal Claim Form as the claimant, as the Tribunal’s jurisdiction is not limited to employee claims.

A Labour Tribunal Claim Form in Hong Kong must include the following key elements to properly initiate proceedings before the Labour Tribunal under the Labour Tribunal Ordinance (Cap. 25) and enable the Presiding Officer to assess the merits of the claim.

Claimant details: the full legal name of the claimant (employee or employer); Hong Kong Identity Card (HKID) number; current residential address in Hong Kong; contact telephone number and email address; and, where the claimant is a company, the Companies Registry registration number under the Companies Ordinance (Cap. 622).

Respondent details: the full legal name of the respondent employer (or employee, if the employer is the claimant); the registered or principal place of business address in Hong Kong; and the Business Registration Number (BRN) issued by the Business Registration Office under the Business Registration Ordinance (Cap. 310). Accurate respondent identification is essential for service of the Tribunal’s process.

Employment particulars: the nature of the employment (full-time or part-time); the job title; the commencement date and termination date of the employment; the gross monthly wage at termination; the basis of payment (monthly salary, daily wages, piece rates, or commission); and confirmation that the employment was a continuous contract within the meaning of the Fourth Schedule to the Employment Ordinance (Cap. 57).

Claims and amounts: a breakdown of each head of claim with the amount claimed in HKD. Standard heads include: outstanding wages for the period from the last payment to the termination date; payment in lieu of notice under section 6 of Cap. 57; severance payment calculated under section 31 of Cap. 57; long service payment under section 29 of Cap. 57; outstanding annual leave pay under section 41 of Cap. 57; sickness allowance under section 33 of Cap. 57; outstanding commission or bonus; and any other contractual or statutory entitlement. Each claim should be computed with reference to the applicable provision of Cap. 57.

MPF deduction: where the employer has made mandatory MPF contributions, the claimant’s portion of severance payment may be reduced by the employer’s MPF contributions under section 31(2) of Cap. 57. The Claim Form should accurately reflect this offset.

Attempts at settlement: a brief summary of any steps taken to resolve the dispute prior to filing — including direct negotiation, Labour Department conciliation, or written demands — demonstrating that the claimant attempted resolution before resorting to Tribunal proceedings.

Supporting documents: the Claim Form should be accompanied by copies of the employment contract or offer letter; payslips or bank statements showing salary payments; any termination letter; MPF contribution records; and medical certificates for sick leave claims. The Tribunal Clerk’s Office at Wanchai Tower, 12 Harbour Road, Wan Chai, will assist claimants in completing the Claim Form. The free Labour Tribunal Claim Form template at forms-legal.com helps employees in Hong Kong organise their claims and understand their statutory entitlements under the Employment Ordinance (Cap. 57).

Enforcement of Awards: Where the Labour Tribunal Presiding Officer makes a monetary award in favour of the claimant and the respondent employer fails to pay within the specified period, the claimant may enforce the award through the Tribunal Clerk Office or register the award as a judgment in the District Court for enforcement by the usual civil enforcement mechanisms — including garnishee orders against the employer bank accounts, and charging orders against the employer assets. The Protection of Wages on Insolvency Fund, administered under the Protection of Wages on Insolvency Ordinance (Cap. 380), provides a safety net for employees whose employers become insolvent before paying outstanding wages or other entitlements awarded by the Labour Tribunal. Applications to the Fund are processed by the Labour Department. Forms-legal.com provides a free Labour Tribunal Claim Form template for Hong Kong employees.