Latest by Andrea Randall

Blog

Hong Kong's Legislative Council to consider Cancellation of MPF Offsetting

Published on 06 October 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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Under the Employment Ordinance, employers can offset long service payment or severance payment due to an employee against the employer's mandatory and voluntary contributions to the Mandatory Provident Fund (MPF), Hong Kong's pension system.

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Hong Kong Employee Focus: Things to consider before handing in your notice

Published on 24 September 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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Before you hand over your notice of resignation, it is important take a moment to plan ahead and think through the legal and practical considerations of your decision.

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Mandatory vaccinations for employees in Hong Kong

Published on 06 September 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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In the wake of the Chief Executive’s remarks last week, where she urged private sector employers in Hong Kong to require COVID-19 vaccinations for employees, the question at the top of every employer’s list is – can we legally require employees to undergo vaccination, and if they refuse, require those employees to be regularly tested?

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Employee focus: things to be aware of when leaving your role to join a competitor

Published on 23 August 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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For many employees, changing jobs can be stressful. Having gone through multiple rounds of interviews and discussions, there is a real temptation to sign on the dotted line when the employment contract is finally issued.

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Statutory holidays in Hong Kong to increase to 17 days

Published on 02 August 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

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All Hong Kong employees, under the Employment Ordinance, are entitled to 12 days of statutory holidays. Some are granted all 17 days of general holidays (which consist of all statutory holidays plus five days) by agreement, but most blue-collars are only given 12.

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Hong Kong employment – Court of Appeal on interpretation of contracts and (3 – 0) on penalties

Published on 16 July 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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The Hong Kong Court of Appeal’s recent judgment (of three judges) in Law Ting Pong Secondary School v Chen [2021] HKCA 873 is an interesting judgment that: (i) summarises and applies the relevant principles of contractual interpretation; and (ii) found that a clause providing for termination by payment in lieu of a notice period does not engage the law on penalty clauses and, even if it does, such a provision is unlikely to be regarded as unenforceable (unless it is unconscionable or extravagant).

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Redundancy in Hong Kong – An employee's guide to the legal and practical considerations

Published on 07 July 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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In this article, we will consider an employee's rights in the event that they are told that their role is being made redundant. We will also examine the consequences of receiving notice of redundancy, offers of alternative employment and/or separation agreements, as well as claims an employee may commence against their employer as a result of their cessation of employment.

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Redundancy in Hong Kong – An employer's guide to the law, process and practical considerations

Published on 02 June 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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For a lot of companies, the last 18 months in Hong Kong has been undoubtably challenging. As a result of the uncertainties with the protests, lack of international travel and the COVID-19 pandemic, employers have been looking at making redundancies in order to survive.

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Redundancy – The law in Hong Kong

Published on 18 May 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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In the current climate, it is inevitable that some employers may have to contemplate making redundancies to trim overhead costs in order to survive. Many industries in Hong Kong have been heavily impacted by the pandemic, forcing employers to make difficult decisions in respect of business operations and the retention of employees.

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Employing workers in Hong Kong

Published on 22 April 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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Although Hong Kong’s employment laws are relatively straight forward and consistent with international norms, there are a number of unique provisions which companies employing workers in Hong Kong should be aware of.

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Reimbursement of Maternity Leave Pay Scheme in Hong Kong

Published on 12 April 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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Hong Kong's statutory maternity leave has been extended from 10 weeks to 14 weeks with effect from 11 December 2020. From 1 April 2021, the Hong Kong Government has started accepting applications to reimburse employers' payment in respect of the extended period of maternity leave.

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Employment Law Changes in 2020 and What to Expect in 2021

Published on 24 March 2021. By Andrea Randall, Partner

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2020 has brought about a significant number of changes to working life in Hong Kong. In light of the protests and COVID-19, there has been a widespread adoption of working from home ("WFH"). In addition, there has been new legislation enhancing the statutory rights of employees. In this article, we provide a review of these changes in 2020 and set out what we are to expect in 2021.

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COVID-19 – Key vaccine considerations for employers

Published on 17 March 2021. By Andrea Randall, Partner

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There have been a number of articles which have considered Hong Kong employers' rights to direct their workforce to be tested and vaccinated against COVID-19. The general consensus amongst legal practitioners in Hong Kong is that there is no statutory right to direct an employee to undergo testing and vaccination.

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