Courts and tribunals
Labour Tribunal Hong Kong: how to make a claim
The Labour Tribunal decides money disputes between employees and employers. The Judiciary points you to free Labour Department conciliation first, and lawyers cannot appear at hearings.
At a glance
- Who uses it
- Employees and employers, money claims
- Suggested first step
- Labour Department conciliation, free
- Filing fee
- HK$20 to HK$50, plus HK$10 per address served
- Lawyers at hearings
- Not allowed
- Smaller claims go to MECAB
- Up to 10 claimants, HK$15,000 each
The Labour Tribunal decides money disputes between employees and employers: unpaid wages, holiday and leave pay, severance, long service payments and similar claims. Hearings are informal, and no lawyer may represent either side. Before you file, the Judiciary points you to the Labour Department, which offers free conciliation.
What the Labour Tribunal hears
The Judiciary’s Labour Tribunal page says the Tribunal deals with claims arising from a breach of an employment contract, and from the relevant parts of the Employment Ordinance. Typical claims include:
- wages
- statutory holiday pay and annual leave pay
- sickness allowance and maternity leave pay
- bonus or double pay
- severance payments and long service payments
Employers can claim against employees too. The Judiciary describes the Tribunal as a quick, informal and inexpensive way to settle money disputes between the two.
Labour Tribunal or MECAB
Smaller employment claims go to a different body, the Minor Employment Claims Adjudication Board (MECAB). From 17 September 2021 the Labour Department raised MECAB’s limit from HK$8,000 to HK$15,000 per claimant, for claims by not more than 10 claimants. Claims above that limit go to the Labour Tribunal.
| Your claim | Where it goes |
|---|---|
| Not more than 10 claimants, HK$15,000 or less each | MECAB |
| More than HK$15,000 for a claimant, or more than 10 claimants | Labour Tribunal |
| A money claim that is not about employment, up to HK$75,000 | Small Claims Tribunal |
Step 1: Labour Department conciliation
If you want to settle before going to the Tribunal, go to the Labour Relations Division of the Labour Department. Its conciliation service is free and voluntary. It works like this:
- Visit a Labour Relations Division branch office near your workplace.
- Staff interview you and explain the relevant parts of the Employment Ordinance and the Minimum Wage Ordinance.
- If you want conciliation, staff help you fill in a claim form.
- A conciliation meeting is arranged with the other side. The aim is to find the core of the dispute and help both sides agree a settlement.
The Labour Department says most labour disputes are settled with its help. The Judiciary gives the Labour Department hotline, 2717 1771, for questions about conciliation. If the dispute does not settle, you can go on to file a claim. Keep any referral number the Labour Department gives you.
Step 2: File at the Labour Tribunal
- Book an appointment through the Judiciary’s online appointment booking or its 24-hour telephone booking line, 2625 0056.
- On the day, report to the Tribunal Registry with your Hong Kong Identity Card, the Labour Department referral number if you have one, and all your supporting documents.
- A Tribunal Officer helps you set out your claim on the claim form. The Tribunal does not give legal advice on your claim.
- Pay the filing fee, plus the service fee for each defendant address.
- At the hearings, a Presiding Officer (the judge) runs the case and helps both sides through the procedure.
Documents worth bringing to the appointment:
- your employment contract or letter of appointment
- payslips, or bank records showing what you were paid
- records of leave taken and holidays worked
- any termination or resignation letter
- messages or letters about the dispute
Fees
The Judiciary’s Guide to Court Services for the Labour Tribunal and its Labour Tribunal page list these filing fees:
| Amount claimed | Filing fee |
|---|---|
| HK$2,000 or less | HK$20 |
| HK$2,001 to HK$5,000 | HK$30 |
| HK$5,001 to HK$10,000 | HK$40 |
| Over HK$10,000 | HK$50 |
There is also a fee of HK$10 for each defendant address the Tribunal serves papers on. The Tribunal may reduce, remit or defer fees if you give good and valid reasons in writing to the Registrar.
Rules at the hearing
- No legal representation is allowed. You run the case yourself, though a lawyer may sit in the public gallery to watch.
- With the Tribunal’s permission, a registered trade union or an employers’ association you have authorised can represent you.
- The Judiciary warns that claims which arose more than six years ago may be barred by the Limitation Ordinance.
After the award
If you think the award is wrong, the Judiciary’s review and appeal guide sets out how to ask for a review or seek leave to appeal. Read it as soon as you receive the award.
If the other side does not pay, read the Judiciary’s guide to enforcing Labour Tribunal awards. It sets out the steps you can take through the Tribunal and the Judiciary’s Bailiff Office.
Getting advice
Labour Department branch offices explain the Employment Ordinance, and Tribunal Officers help with procedure. The Tribunal does not give legal advice on your claim. If the claim is large or complicated, you can pay a solicitor to advise you before the hearings, even though they cannot appear for you. Instruct a Hong Kong solicitor, check them on the Law Society’s Law List, and compare firms in our law directory. Employers can read our guides on payroll in Hong Kong and MPF for employers.
We are not the Judiciary or the Labour Department, and this is not legal advice.
Questions people ask
Do I have to go to the Labour Department before the Labour Tribunal?
The Judiciary tells people with a labour dispute to approach the Labour Relations Division of the Labour Department, which offers free, voluntary conciliation, to try to settle before filing. If you have a Labour Department referral number, bring it to your Tribunal appointment.
Can I bring a lawyer to the Labour Tribunal?
No. Neither side may be legally represented, and you conduct the case yourself. A lawyer may sit in the public gallery to watch. With the Tribunal’s permission, a registered trade union or an employers’ association you have authorised can represent you.
How much does it cost to file a Labour Tribunal claim?
The Judiciary lists filing fees of HK$20 to HK$50, depending on the amount claimed, plus HK$10 for each defendant address the Tribunal serves papers on. The Tribunal can reduce, remit or defer fees if you give good reasons in writing to the Registrar.
What is the difference between the Labour Tribunal and MECAB?
The Minor Employment Claims Adjudication Board handles smaller employment claims. Since 17 September 2021 its limit has been HK$15,000 per claimant, for claims by not more than 10 claimants. Claims above that go to the Labour Tribunal.
Is there a time limit for a Labour Tribunal claim?
The Judiciary warns that claims which arose more than six years ago may be barred by the Limitation Ordinance. Do not wait that long. Records go missing and employers close.
What if my employer does not pay the award?
Read the Judiciary’s guide to enforcing Labour Tribunal awards. It sets out the steps you can take through the Tribunal and the Judiciary’s Bailiff Office when an award is not paid.