The Hong Kong Government has lowered the threshold for compulsory COVID-19 testing to identify and curb the transmission chain of COVID-19 by implementing new measures under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) (“Regulation”). In this article, we consider the implications for employers and how to minimise the impact to their businesses.
The issue of sexual harassment and the #MeToo movement in mainland China has burst into the spotlight again recently. Demonstrators defied restrictions on public protests and mass gatherings to collect outside a Beijing court in December in support of Zhou Xiaoxuan (“Zhou”), a young woman bringing a claim of sexual misconduct against Zhu Jun (“Zhu”), a well-known television presenter. Such cases are relatively rare and the high-profile nature of the man accused has resulted in significant attention within China and beyond. The timing coincides with the new PRC Civil Code taking effect on 1 January 2021. Article 1010 of the Civil Code establishes important new principles on what constitutes sexual harassment, expands the scope of recipients to include men, and introduces specific obligations and potential liability for employers in this area.
The COVID-19 pandemic has thrown up many challenges for businesses. Severe and sustained travel restrictions, as well as other uncertainties, have resulted in many employees not taking time off and thus having significant accrued but untaken annual leave entitlements. This creates potential risk for companies. Productivity may be affected if employees all take extended or frequent breaks to use up rolled over leave when the situation eases. Similarly, risk management capability may be undermined if a large number of employees decide to take their leave at specific or peak times. So employers need to consider how to avoid risk and “log-jams” without breaching employee rights. In particular, if necessary, can they require employees to take or to forfeit annual leave?
Let’s move it for mental health! We are once again a Supporting Organisation of Mind HK’s #MoveitHK, a campaign to raise awareness of the benefits of exercise on physical health and mental health. This year, Mind HK challenges you to complete 50km in nature in February. Move it to feel better, to feel more energised, to de-stress, and to clear your mind!
Every year before long holidays i.e. Christmas, Easter and Summer, family law practitioners would often be busy dealing with their clients’ applications for temporary removal of children out of Hong Kong for their holiday travel. 2020 has been very different. Due to the COVID-19 outbreak and with the lockdown and travel restrictions around the world, we have not seen the typical “seasonal” element to temporary removal applications as holiday travel is no longer a driving force behind these applications.
Legal 500 has published its 2021 edition and Gall has received rankings in 3 practice areas in the Asia Pacific region: Labour and Employment (Tier 2), Dispute Resolution: Litigation (Tier 4), Restructuring and Insolvency (Tier 4).
In a significant advancement towards inclusiveness, the amendment to the Sex Discrimination Ordinance (“SDO”) prohibiting breastfeeding discrimination (“Amendment”) will come into force on 19 June 2021. We have summarized the key legal implications of the Amendment and key takeaways for employers.
January 11th, 2021 - Gall, a leading independent Hong Kong law firm focusing primarily on dispute resolution, announced today that Matthew Durham has joined the firm as an England and Wales qualified Registered Foreign Lawyer in the Employment practice. Matthew joins from Simmons & Simmons in Shanghai where he has lived since 1999.
2020 was an unprecedented year for everyone – for many a wake-up call, for some a write-off, for others an opportunity to learn and grow. Join Monica Browning, Leadership and Life Coach & Founder of Courage Through Coaching, and Caroline McNally, Executive Partner and Head of the Family & Divorce team at boutique dispute resolution law firm Gall, to learn more about how you can set realistic goals for your career and relationships as we move into 2021, and how to understand your core values so you feel empowered in the decisions you make and the way you live your life.
Senior Partner Nick Gall has been recognised in China Business Law Journal’s “China’s Elite 100 Lawyers (Foreign Firms)” list as part of the publication’s annual A-List. The A-List is based on extensive research conducted by China Business Law Journal, with researchers turning to thousands of in-house counsel in China and around the world, as well as partners at Chinese and international law firms, for guidance on who to include.
