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The Mandatory Reference Checking Scheme – Part 1: Employees' rights and entitlements
Following up on our previous article on the obligations of authorized institutions ("AI") as Recruiting AIs and Reference Providing AIs under the Mandatory Reference Checking Scheme (the "MRC Scheme"), this article shifts the focus onto the rights of a prospective employee under the MRC Scheme.
Read morePhase 1 of the Mandatory Reference Checking Scheme: What should employers look out for?
On 5 May 2022, the Hong Kong Monetary Authority ("HKMA") announced the implementation of the Mandatory Reference Checking Scheme (the "MRC Scheme") (including the guidelines) issued by the Hong Kong Association of Banks and the DTC Association (the "Guidelines").
Read moreEmpathetic leadership is key to understanding menopause in the workplace
Employers, business leaders and managers must be proactive in understanding the realities of the menopause and providing appropriate support, writes Kelly Thomson
Read moreAt a Glance: Recent Changes to Hong Kong Employment Law You Should Know About
The past year has seen a number of major changes in Hong Kong employment law, many of which have been years in the making. This short article summarises the key developments and changes since mid-2021 that employers should take note of.
Read moreCovid as a disability in Hong Kong
In the recent landmark case of Burke v Turning Point Scotland, a Scottish Tribunal confirmed that "long Covid" amounted to a disability under the UK Equality Act 2010.
Read moreHong Kong data protection: cross-border transfers of personal data
We take a closer look at businesses' obligations under Hong Kong law to protect personal data in a cross-border transfer and the new recommended model contractual clauses.
Read moreThe Employment (Amendment) Bill 2022 and what it means in light of the potential citywide lockdown
In an attempt to further curb the soaring number of daily cases of coronavirus infections, in addition to the vaccine pass scheme, Hong Kong may be facing its first citywide lockdown later this month. In light of these anti-epidemic measures, the Employment (Amendment) Bill 2022 (the "Bill") was gazetted on 25 February 2022, which sought to strike a balance between implementing various anti-epidemic measures to protect public health and preserving employees' statutory rights and benefits.
Read moreEmployees leaving Hong Kong: What can employers do to recruit and retain staff?
Recently there have been a number of news articles in which employers in Hong Kong are expressing their concern over the high numbers of employees leaving the city and a lack of new arrivals.
Read moreHong Kong Employment: Settlement Agreements
International news has recently been filled with talk about settlement agreements – in particular, a settlement agreement concerning Prince Andrew. How should a settlement agreement be prepared under the laws of Hong Kong? In this article, we will consider what should be included in a settlement agreement in the context of an employment relationship.
Read moreHong Kong Court grants injunction to enforce non-compete
Interlocutory injunction to enforce employee’s post-termination paid non-compete clause
Read moreInvestigation and Disciplinary Action: Law and Practice in Hong Kong
Where an employer suspects its employee(s) has committed an act of misconduct, an employer should take reasonable steps to find out what has happened. The earlier an employer learns about the misconduct, the better. A proper investigation into the issue may give the employer a fighting chance of resolving it, addressing it and, even if it doesn't, might at least give the employer a defence to a future lawsuit.
Read moreHong Kong Employee Focus: Things to consider before handing in your notice
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.
Read moreMandatory vaccinations for employees in Hong Kong
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?
Read moreHong Kong Employee focus: things to be aware of when leaving your role to join a competitor
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.
Read moreStatutory holidays in Hong Kong to increase to 17 days
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.
Read moreRedundancy in Hong Kong – Payments and notification obligations
In the last of this series, we consider the standard payments owed to an employee on termination as well as employers' notification obligations to government entities in Hong Kong on the cessation of employment.
Read moreHong Kong employment – Court of Appeal on interpretation of contracts and (3 – 0) on penalties
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).
Read moreRedundancy in Hong Kong – An employee's guide to the legal and practical considerations
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.
Read moreRedundancy in Hong Kong – An employer's guide to the law, process and practical considerations
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.
Read moreRedundancy – The law in Hong Kong
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.
Read moreHong Kong Employment Law Changes in 2020 and What to Expect in 2021
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.
Read moreCOVID-19 – Key vaccine considerations for employers
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.
Read moreSome holiday pay reading
A new decision on holiday pay and commission.
Read moreEmployment update, December 2015
Implied terms: when can a term be implied into a contract?
Read moreEmployment update, November 2015
Penalty clauses: what is the test where a clause is claimed to be unenforceable?
Read moreEmployment update, October 2015
Whistleblowing: A dispute about terms of employment can be a matter of “public interest”
Read moreEmployment update, September 2015
HR assistance in disciplinary procedures: how much is too much?
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