As Hong Kong regains some normalcy and learns to live with COVID, more companies are calling employees back to the offices to work full-time. However, employees’ expectations, priorities and values have changed, and an increasing number of the workforce want more support, increased flexibility, remote working and focus on wellness. As an employer, how can
Disability Discrimination in the Workplace
Disability discrimination is a complex yet crucial area of law which all employers will come across at some point. A stigma exists in Asian cultures around disability which, coupled with a lack of awareness from mainstream corporate culture, means that disability is often seen as ‘the forgotten cause’ of DEI priorities.
Rights and Wrongs in Wrongful Dismissal
This article outlines an employer’s statutory and legal grounds for dismissal in Hong Kong, as well as various statutory protections that are available to employees at risk of termination.
Stop, Start, Change of Heart – Pulling out of an Employment Contract Between Acceptance and Commencement
The path between accepting a new job and commencing the new role should be simple. And in most cases it is. But there are significant implications if either party (individual or employer) changes its mind and decides not to proceed with the employment at some point between acceptance of the offer and the legal commencement of the employment. A recent Court of Appeal decision sheds important light on this often overlooked area.
Kajal Aswani Discusses Racial Diversity in the Legal Industry with HK01
Kajal Aswani was interviewed by HK01 on her experiences as an ethnic minority lawyer in Hong Kong. Kajal shared obstacles she faced growing up and outlined how she has been supporting young South Asian lawyers through the network she co-founded, South Asian Lawyers Group (SALG).
Hong Kong’s Vaccine Pass – A Pass for Employers to Fire Unvaccinated Staff?
Confirmed coronavirus infections are expected to exceed previous highs amidst Hong Kong’s fifth wave of the COVID-19 pandemic. The Government has responded by implementing the city’s toughest social-distancing restrictions to date with the roll-out of the ‘Vaccine Pass’, which takes effect from 24 February 2022 in an attempt to protect citizens and also drive up vaccination rates. As part of this initiative, the Government has also proposed significant amendments to the Employment Ordinance (Cap. 57) (“EO”) including a potential ‘right’ for employers to terminate staff who do not fulfil Vaccine Pass requirements.
Felda Yeung Write Article on Employee Misconduct for Human Resources Online
Employee misconduct can take many different forms, be it financial, regulatory, harassment, discrimination, or breaches of company policies. Allegations and complaints regarding misconduct or the discovery of incidences of misconduct may come from a variety of sources and functions, ranging from routine compliance checks to external sources, whistleblowers or even regulatory dawn raids.
When and How to Terminate an Employee in Hong Kong
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.
Gall Writes Article on Employee Wellness for BritCham’s Magazine
Matthew Durham and Kritika Sethia have written an article on employee wellness in the workplace for BritCham’s magazine where they explore the WHO’s definition of health and how Hong Kong lacks a comprehensive or holistic legal framework to address mental health issues in the workplace. They also provide practical steps and initiatives for employers to promote mental wellness.
Hong Kong Government Updates Discharge Criteria for Confirmed COVID-19 Patients: What Does This Mean for Employers?
The Hong Kong Government announced that effective from 27 October 2021, the discharge criteria for confirmed Covid-19 patients will be tightened. They have taken the position that patients who have recovered from the virus may still be carriers for approximately 14 days. Accordingly, to prevent the spread of the virus, after being discharged from hospital, patients will be subject to a further 14 day period of isolation and health monitoring in a government isolation facility (North Lantau Hospital Hong Kong Infection Control Centre).
