Covid-19 has placed immense pressure on businesses and fundamentally changed the way we work. A range of new issues, challenges and obligations have arisen from an employment law perspective. How can employers and employees navigate this fast-changing landscape?
The rise in Covid-19 cases has left many employers in Hong Kong contemplating whether they can lawfully require their employees to undergo testing for Covid-19. In times like these, employers find themselves trying to balance their business interests and continuity on one hand, with employees’ concerns and sensitivities on the other. In this article we discuss factors that employers should consider when requesting or directing employees to undergo Covid-19 testing.
Remote working arrangements have become prevalent in response to the challenges posed by the pandemic such as risk of infections, travel restrictions and quarantine requirements in Hong Kong and elsewhere. Many employers are also considering remote working as ‘the new normal’ given the reduced operational costs. For some employees, remote working may mean working overseas. In this article, we discuss the legal implications that employers in Hong Kong should have regard to before allowing their employees to work overseas.
The Hong Kong government has commenced implementation of a COVID-19 vaccination programme intended to cover all Hong Kong residents across the territory. Vaccinations are offered free of charge with the stated aim of safeguarding public health and helping to allow further easing of restrictions and a gradual return to normal life and activities. At this stage, the rollout is prioritising vaccination of individuals within vulnerable and high-risk groups, such as the elderly and healthcare workers, but should extend to all groups during the course of this year.
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?
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.
The Privacy Commissioner for Personal Data (“PCPD”) has issued Guidance Notes for (1) organisations, (2) employees, and (3) users of video conference software, with a view to enhance measures for data security and data privacy in the use, storage and handling of personal data when employees work from home (“WFH”).
In this article we have briefly summarised the three Guidance Notes (“Guidance”) published by PCPD and set out key takeaways for employers.
