What will the Hong Kong Courts do when the debt upon which a winding up petition is based is subject to an arbitration agreement? The tension between insolvency and arbitration remains unresolved. At its core lies an inherent conflict between party autonomy to choose arbitration and the statutory right of creditors to invoke the insolvency jurisdiction of the Courts. There are inevitably competing interests and a need to strike a balance based on the circumstances of each case, but how have Hong Kong and other common law jurisdictions navigated this? Felda Yeung explore this in an article for Hong Kong Lawyer magazine.
Under Hong Kong employment law, governed primarily by the Employment Ordinance (“EO”) (Cap. 57), both the employer and the employee, have the right to terminate an employment contract by giving the other party due notice or payment in lieu of notice and with or without cause, subject to certain restrictions which are discussed below.Although dismissing tends to be relatively easy in Hong Kong compared to other jurisdictions such as mainland China, the UK or the US, employers should ensure that they adhere to the relevant statutory requirements and any specific contractual provisions. They should also remain mindful of the implied obligation of mutual trust and confidence where possible, so as not to seriously damage the relationship between the parties. This guide outlines the legal considerations and proper procedures for employers to consider when terminating employees.
