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Employment Spotlight: Confidentiality Clauses in Settlement Agreements

A settlement agreement (also known as a separation agreement) is a legally binding contractual document which sets out the employer’s and employee’s agreed terms of the termination of the employee’s employment. There is no statutory requirement to enter into a settlement agreement upon termination, however, where separation terms can be agreed, it is often helpful to confirm those terms in writing. Typically, a term of the settlement agreement will be to keep the terms and the fact of the agreement confidential. In this note, we consider the effect of a breach of a confidentiality clause in a settlement agreement and discuss factors that may be useful for drafting a confidentiality clause.

Employment Spotlight: What should an employee expect to see in a standard Separation Agreement

It is increasingly common for employers and employees in Hong Kong to agree cessation terms. In such cases, an employee may be asked to enter into a separation agreement. There are no statutory provisions which govern what should and should not be included in a separation agreement. Parties are generally free to agree terms of termination so long as those terms do not purport to contract out of the parties’ statutory rights. It should be remembered that although separation agreements are a particular type of contract, the ordinary rules of contract remain applicable. That is to say, there must be an offer, acceptance of that offer and consideration (i.e. something of benefit). Further, a separation agreement procured by a misrepresentation by either party may be rescinded under ordinary contractual principles.

Andrea Randall Interviewed on RTHK Radio Discussing Work Arrangements During Typhoons

Andrea Randall was interviewed by RTHK Radio where she explored The Labour Department’s code of practice on work arrangements during typhoons which have left people confused about whether companies can order staff to work from home when a number eight storm signal is issued. The code stipulates that while essential workers have to continue to go to work, everyone else should stay in a safe place. But now that most people are used to working from home, do bosses have the right to order their staff to do so during a typhoon?

Nick Dealy and Ashima Sood Contribute Chapter on Competition Litigation for ICLG

Nick Dealy and Ashima Sood have contributed the Hong Kong chapter for the 2021 International Comparative Legal Guide (ICLG) to Competition Litigation. The chapter covers common issues in competition litigation law and regulations in Hong Kong, including interim remedies, final remedies, evidence, justification/defences, timing, settlement, costs, appeal, leniency and anticipated reforms.
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