What should a claimant do if he or she decides to file a claim? The procedure is quite simple. First, call the 24-hour Telephone Appointment Booking System of the Labour Tribunal at 2625 0056 or visit the Judiciarys website at to make an appointment for filing of claim. On the filing date, claimants should report their attendance at the registry with their Hong Kong Identity Card and the referral number of the Labour Department (if applicable). At the registry we would hand the claimant an Appointment Parties List for verification of his or her name, address and Hong Kong Identity Card number. The claimant should also verify the name and address of the person, firm or company he or she is claiming against - the defendant. These particulars should be completely accurate so that a copy of the claim can be effectively served on the defendant. A P.O. Box number will not be considered as a valid address. Where the defendant is a limited company, the claimant will need to provide the address of its registered office. Claimants can check this at the Companies Registry, 13/F, Queensway Government Offices, 66 Queensway, Hong Kong (Tel: 2234 9933); or visit the Companies Registrys Cyber Search Centre on the internet. or through a hyperlink on the Companies Registrys. Where the defendant is a sole proprietorship or a partnership business, the claimant will need to provide its principal place of business and/or the residential address of the proprietor or partners. Claimants can check this information at the Business Registration Office of the Inland Revenue Department, 4/F, Revenue Tower, 5 Gloucester Road, Hong Kong (Tel: 187 8088); or apply via the website: gov.hk. Basing on the information provided by the claimant, we would generate: a Title to Claim (Form 1), bearing the names and addresses of both the claimant and the defendant, and a Form of Claim (Form 2), showing the details of the claim, including the grounds for the claim, the items and amount of the claim. A claimant has to sign on Form 2 if he or she is acting as an individual. The sole proprietor of a firm, or a partner of a partnership business, or a director, secretary or other authorised officer of an incorporated company bearing an authorisation letter has to sign on the form if the claim is lodged by an employer against an employee. Claimants can complete all the necessary forms in Chinese or English. Sample completed forms are on display at the notice boards of the Tribunal. Next, a Tribunal Officer will interview the claimant to obtain statements and other relevant information.
Posted on: Sat, 27 Sep 2014 18:56:07 +0000
Trending Topics
Recently Viewed Topics
© 2015