Topic: Hong Kong

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

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?

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

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

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

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

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