Robert worked as a chef for three years. His supervisor, Rachel, asked him to work on Winter Solstice Festival and Christmas Day last year. He reluctantly went to work because he was worried about his contract. This year, Rachel also asked him to work on New Year's Day (1 January 2021). Patrick, a fellow employee, told him that he is entitled to certain rights under the laws of Hong Kong, but he cannot remember the details. Robert confronted Rachel and asked her about it, and she showed him his employment contract and said he agreed to work on statutory holidays without the need to give him a substitute holiday. Robert was very angry and as a result of his conversation with Rachel, he was not allowed to take Sunday off (his only rest day of the week). He was asked to work every single day last month.

Robert is completely exhausted and he wants to start his own business. He would like to know his rights and how he can terminate his employment contract without liability. In addition, whether he can use his annual leave to offset the notice period. He also noticed a clause in his employment contract that prohibited him from starting his own business in Hong Kong for 5 years after leaving his current job. Robert would like to know the name of this type of clause and the purpose of it. Also, he did a promotional interview with a direct competitor and the video was uploaded on Facebook. He wants to know if he is in breach of his employment contract.

Advise Robert.