Case study: when an imported worker does not fit — a cha chaan teng’s compliant injury handling, dismissal and one-month replacement
A cha chaan teng hired two imported workers under the Supplementary Labour Scheme. One was eager to learn; the other underperformed badly — unwilling to learn, and once returned to the dormitory after a minor injury without informing the employer. Facing unfamiliar territory — injury reporting, employees’ compensation insurance and lawful dismissal — the owner turned to us.
The challenges
- Underperformance: one worker showed little willingness to learn and left his post without reporting a minor injury, disrupting the team
- Unfamiliar injury procedures: the employer did not know the specific requirements for reporting work injuries, insurance and medical arrangements
- Unfamiliar replacement process: he did not know how to dismiss an imported worker lawfully, let alone quickly find a replacement suited to the cha chaan teng’s intense pace
What we did: compliance first, replacement second
On the injury, we immediately explained Hong Kong labour law requirements: report to the employees’ compensation insurance at once, keep the hospital report properly, and pay sickness wages as the law requires. These steps protect the employer himself — skip them, and a compensation dispute later becomes far worse.
Since the worker’s performance genuinely fell short of operational needs, we advised the employer to start a replacement process on a lawful basis: wait until the worker recovered and legal conditions were met, then handle the separation — while also negotiating the labour fees due to him, so he could return home and start afresh.
In parallel, we sourced several candidates with cha chaan teng experience and strong learning attitudes from our talent pool, and repeatedly urged the employer to interview and assess them in person. After meeting them, he confirmed the new hire met his standards.
Outcome: replacement completed within a month
From our involvement to a completed replacement, the target was one month. The employer was highly satisfied: someone immediately helped him understand the staffing issue, handled the injury arrangements, explained the legal requirements for dismissal, and quickly found an experienced replacement — operations were barely affected.
Worth saying: cases like this are truly one in a hundred. Most imported workers arrive, work hard, and hope to save money for a better life back home. But if an employer ever faces a poor fit, three things matter most: always report to the insurance, always obtain the hospital report, and always follow the statutory dismissal procedure.
FAQ
Q: What is an employer’s first step when an imported worker is injured?A: Report to the employees’ compensation insurance immediately, arrange medical treatment and obtain the hospital report, and pay sickness wages as required by law. Skipping the reporting procedure makes any later compensation claim far more troublesome.
Q: Can I dismiss an underperforming imported worker immediately?A: Not casually. Dismissal during an injury period is not allowed; wait until recovery and until statutory conditions are met, then follow procedure, with notice or payment in lieu as the law requires.
Q: How quickly can a replacement be arranged after dismissal?A: It depends on the quota and circumstances. In this case, matching from our existing talent pool targeted completion within a month — employers who already hold quotas can use our replacement service.
Q: What happens to the labour fees if the worker returns to the Mainland?A: We help the employer and worker negotiate so the worker receives the fees due to him as circumstances allow — a clean, fair parting.
Facing a difficult imported-worker situation? WhatsApp us (Labour Department licence 81090) and let experienced consultants defuse it compliantly.
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