Employment

COVID-19 and the Operation of Force Majeure in Hong Kong

The outbreak of COVID-19 novel coronavirus has brought about disruptions to both public life and international business of an unprecedented scale. Not surprisingly, there have already been instances of parties relying on the contractual force majeure clauses to “excuse” themselves from performing onerous or impossible contracts.In this article, partners Nick Gall, Evelyn Chan and Trainee Solicitor Adriel Wong explore whether a force majeure clause applies to COVID-19 and to a party's performance, and the various actions to take if a party considers that it is entitled to invoke a force majeure clause.

Gall Contributes Updated Version of Hong Kong Pensions Q&A for Pensions Global Guide

Andrea Randall and Joni Wong recently provided updates on their Practical Law Q&A guide to pensions law in Hong Kong for Pensions Global Guide. The Q&A gives a high level overview of the key practical issues including: state pensions; supplementary pensions; funding and solvency requirements; tax on pensions; business transfers; participation in pension schemes; and employer insolvency and overall scheme solvency.

Employment Spotlight: Applicability of the Apology Ordinance in the Workplace

Increasingly, there has been a spotlight on issues and complaints which arise in the workplace. Common issues might include complaints relating to harassment, bullying, discrimination and preferential treatment. When tensions run high, an apology is often valuable in helping to diffuse conflict and amend relationships. However, there is often a general reluctance to apologise for fear that it might constitute an admission of fault which might be used against a party in legal proceedings.

Employment Spotlight: The law on demotions in Hong Kong

A demotion normally involves a reduction in rank or status, or a decrease in job responsibilities and/or salary. An employer may wish to demote an employee for a variety of reasons including poor performance, capability and/or as an alternative to termination.Regardless of the reason for the demotion, an employer should be careful when demoting an employee. Any demotion should be managed professionally and lawfully; failure to do so may expose the employer to an unwanted claim.