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Employer Liability Issues Hong Kong

Seyfarth Shaw LLP

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 2)

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In Part 2 of our series, we’ll look at who forms part of an investigation team, how location affects which laws apply to an investigation, notification and timing requirements. (Part 1 covers the definition of ‘workplace’...more

Seyfarth Shaw LLP

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 1)

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Seyfarth recently hosted a webinar entitled ‘Managing Cross-Border Sexual Harassment Investigations in Australia and Asia’, addressing the practical considerations that employers should be aware of when investigating...more

BCLP

Abolition of MPF Offsetting Mechanism in Hong Kong

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From 1 May 2025, in respect of Hong Kong’s MPF scheme, the MPF offsetting mechanism will be abolished, meaning that employers no longer will be able to use the accrued benefits of their mandatory contributions under the...more

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

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With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. ...more

Ius Laboris

What’s Coming Next in Hong Kong?

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The employment landscape in Hong Kong is poised for significant transformation in 2025. This article delves into anticipated legislative changes and emerging key trends enabling employers and HR professionals to stay...more

Ius Laboris

Saving Face: 5 Top Tips for Using Biometric Data in the Workplace

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As we become more accustomed to using our faces or fingerprints to unlock devices in our everyday life, it’s not surprising that employers in Hong Kong are considering using biometric systems in the workplace. However,...more

Seyfarth Shaw LLP

2024 Year in Review – Hong Kong Employment Law

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The year 2024 brought about notable changes in employment law in Hong Kong. This article provides a brief overview of the key developments that occurred over the past year and a look forward at the expected changes as we...more

Mayer Brown

Hong Kong Court Clarifies the Application of Implied Terms in Employment Contracts

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The recent case of Yang Zhizhong v. Nomura International (Hong Kong) Limited helpfully clarifies the applicability of Implied Term of Trust and Confidence, the Braganza duty and the Anti-avoidance Term in the context of...more

Ius Laboris

Hong Kong’s guide dog recommendations

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The Equal Opportunities Commission recently issued Guide Dogs: A Practical Guide with a view to better protect the rights of guide dog users in public settings....more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Ius Laboris

Increase of statutory holidays in Hong Kong

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Starting from 2024, the first weekday after Christmas Day will be added as a statutory holiday in Hong Kong. ...more

Mayer Brown

Guide to Employment Law in Hong Kong

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Overview - The primary piece of legislation, the Employment Ordinance (the “EO”), prescribes certain basic rights and protection for most employees. The EO applies to every employee engaged under a contract of employment...more

Mayer Brown

Guide to Discrimination Law in Hong Kong

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Introduction - GENERAL OVERVIEW - Hong Kong employers and employees have become increasingly aware of their rights and obligations under the anti-discrimination legislation since the passing of the Sex Discrimination...more

Ius Laboris

Online retailer slapped with fine for late payment of wages

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An online luxury retail company was fined HKD 145,000 by a court in Hong Kong for failing to pay the wages of eleven of its employees on time....more

Ius Laboris

Hong Kong: Think twice before filing an employment claim directly to the High Court

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Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more

Ius Laboris

Hong Kong employer required to reimburse expenses that benefit the business

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A Hong Kong court decision holding an employer liable for various payments and benefits owed to a former employee highlights the importance of making prompt payment of all amounts due upon termination of employment....more

Mayer Brown

Cost Consequence of Sanctioned Payment with "Otherwise Proviso" - Li Suk Yee v. ParknShop (HK) Limited [2023] HKDC 1670

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Background and Decision of the Court Master - The Plaintiff was a store attendant in a supermarket. She claimed that she fell from a ladder while working at the supermarket when a shopping cart controlled by a customer...more

Ius Laboris

No place for pregnancy discrimination

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A Hong Kong employee dismissed via WeChat while in hospital has been awarded substantial damages for pregnancy discrimination. The claimant was a former employee of a logistics company. Between 2007 and 2011, she was...more

Ius Laboris

Labour Tribunal rules on gig workers’ status

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The Labour Tribunal of Hong Kong has provided welcome guidance on determining the employment status of platform workers, in a case brought by sham-self-employed couriers....more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Eversheds Sutherland (US) LLP

Tread carefully: Global pay and employee benefits traps for the unwary

This briefing highlights a number of international pay and employee benefits legal issues that carry potentially severe penalties. Each of these issues is well worth a review now to avoid future consequences. International...more

BCLP

COVID-19 Vaccination and related employment law issues

BCLP on

With the gradual lessening of locally acquired cases of COVID-19, on 28 April 2021, the Government announced measures to relax restrictions in respect of the operation of restaurants and other premises. While catering...more

Fisher Phillips

Changes to Hong Kong’s Discrimination Ordinances: What Employers Need to Know

Fisher Phillips on

In June 2020, Hong Kong passed the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 (“Amendment”), amending the Sex Discrimination Ordinance (SDO), the Race Discrimination Ordinance (RDO), the Disability...more

BCLP

Updates to the Anti-discrimination Laws in Hong Kong and Tips for Employers

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The Discrimination Legislation (Miscellaneous Amendments) Ordinance (“Ordinance) has been gazetted on 19 June 2020 and took immediate effect from 20 June 2020. The Ordinance introduced amendments to the Sex Discrimination...more

Hogan Lovells

We are all in this together: navigating employment issues during COVID-19

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The COVID-19 pandemic has posed unprecedented employment law challenges for both local and multinational corporations. Employers are making efforts to continue business whilst minimizing health risks for their employees. In...more

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