Topic: Hong Kong

What rights does an employer have to suspend an employee?

By Valarie Fung on November 15, 2017 Posted in Hong Kong

In Hong Kong, employers have a right to suspend employees from employment. Under section 11 of the Employment Ordinance, an employer may without notice or payment in lieu suspend any employee from employment for up to 14 days: (a) as a disciplinary measure for any reason for which the employer could have summarily dismissed the … Continue reading

What rights do employees have to a minimum wage in Hong Kong?

By Wynne Mok and Catherine Leung on May 5, 2015 Posted in Asia Pacific, General, Hong Kong

After much heated debate over the years, the Minimum Wage Ordinance (Cap. 608) (“Ordinance”) came into force in Hong Kong on 1 May 2011. Before the implementation of the Ordinance, Hong Kong was one of the few places in the world without any sort of minimum wage law. The Ordinance is undoubtedly a milestone as … Continue reading

First Discrimination Law Review in Hong Kong: the implications in an employment context

By Wynne Mok and Rebecca Hui on October 20, 2014 Posted in Asia Pacific, Discrimination and harassment, General, Hong Kong

The Equal Opportunities Commission (EOC) has launched its first comprehensive review of the four anti-discrimination ordinances relating to gender, disability, family status and race since they came into force as long ago as the late 1990’s and is seeking opinions from the public on its proposed extension of protection from discrimination. Background The review has … Continue reading

Whistleblowing – what protection do employees have in Hong Kong?

By Wynne Mok and Rebecca Hui on August 30, 2014 Posted in Asia Pacific, Discrimination and harassment, General, Hong Kong, Whistleblowing

Notwithstanding the growing global trend in the adoption of express whistleblowing laws (e.g. the US, the UK and Japan), the Hong Kong government has not yet shown any sign of following suit. So, what protection do employees have if they “blow their whistles” on wrongdoers in their workplace? Whistleblowing protection under statue/common law There is … Continue reading

Employees’ rights to holiday in Hong Kong

By Wynne Mok and Valarie Fung on July 17, 2014 Posted in Asia Pacific, General, Hong Kong

Hong Kong is often called the city where “East meets West”. One happy result of this conjunction is that Hong Kong employees become entitled to statutory Chinese and Western holidays. Under the Employment Ordinance (Chapter 57 of the Laws of Hong Kong) employees in Hong Kong are entitled to 12 statutory holidays per year: The … Continue reading

Working fathers expect to have paternity leave entitlement in Hong Kong soon

By Wynne Mok and Rebecca Hui on May 21, 2014 Posted in Asia Pacific, Hong Kong

In the absence of mandatory paternity leave, balancing work and family life has been a challenge for working parents with a newborn, or for parents-to-be, in Hong Kong. Currently, only male government employees are entitled to a 5-day paternity leave on full pay. If a male employee working in the private sector wishes to take … Continue reading

Wrongful, unreasonable and unlawful dismissals in Hong Kong

By guestauthor on July 15, 2013 Posted in Asia Pacific, Hong Kong

This post was contributed by Marie Kwok, Of Counsel, Norton Rose Hong Kong In Hong Kong, the primary piece of employment legislation is the Employment Ordinance (EO), which sets out the minimum statutory entitlements for employees. The EO is applicable to all employees in Hong Kong, subject to limited exceptions. If an employer dismisses an … Continue reading

Restrictive covenants in Hong Kong

By guestauthor on June 3, 2013 Posted in Hong Kong

This post was contributed by Marie Kwok, Of Counsel, and Rebecca Hui, Associate, at Norton Rose Hong Kong Under Hong Kong law, restrictive covenants (e.g. non-compete and non-solicitation clauses) are prima facie unenforceable as they are restraints of trade and against public policy. However, the Courts have upheld certain restrictive covenants provided that the following requirements … Continue reading