Labour & Employment

The tax treatment of payments made to employees by employers is dependent on the nature and character of the payments made. The primary legislation governing the taxation of employees’ income is...
March 2020
The Court of First Instance overturned the decision made by the Labour Tribunal relating to how to interpret the terms of an employment contract and liability to make a payment in lieu of notice when...
February 2020
The employment law outlook for 2020 indicates that there would likely be some significant changes to the employment-related legislation in Hong Kong on various areas, including anti-discrimination,...
January 2020
Employment law — termination of employment — wrongful termination —appeal against findings in favour of employer on “valid reason” implied term — allowed, with case remitted for consideration of such...
September 2019
Introduction In Wu Kit Man v Dragonway Group Holdings Limited HCLA 15/2016, the Court of First Instance (“CFI”) held that amendments to an existing employment contract were unenforceable...
August 2019
Employment law — employee’s benefits — statutory entitlements — statutory entitlements to be reduced by payment of “team based” commission and team leader bonus — commission and bonus constituted...
July 2019
Employment law - employees' compensation - requirement to attend medical examination under s.16(1A) - failure to attend "over a period of 15 days" without reasonable excuse under s.16(4) extinguished...
November 2018
Employment law — employees’ compensation — joinder of alleged principal contractor as co-respondent — application made outside s.14(1) limitation period — whether reasonable excuse for delay under s....
June 2018
Employee misconduct and fraud can encompass a wide range of activities, from absenteeism at one end of the scale, to the other end of the scale, insider dealing, theft and financial statement fraud....
May 2018
The Hong Kong Government is considering key changes to the existing anti-discrimination ordinances. The proposed changes have been brought forward following a consultation carried out by the Equal...
March 2018
In Wu Kit Man v Dragonway Group Holdings Limited, HCLA15/2016, the Court of First Instance (“Court”) held that an addendum amending an employee’s contract of employment by requiring the employer...
October 2017
Under the Mandatory Provident Fund Schemes Ordinance (the “MPFSO”), any employer who, without reasonable excuse, fails to make a timely payment of mandatory contributions commits an offence and is...
September 2017
Employees’ benefits – civil servant – whether Government entitled to deduct from pension benefits of civil servant in settlement of debt upon discharge from bankruptcy In February 1999, B, a...
July 2017
Employees’ compensation – insurer’s and employer’s liability under Pt. IV of Employees’ Compensation Ordinance (Cap. 282) – approach in Law Lai Ha v Zurich Insurance Co [2011] 2 HKLRD 450 correct —...
May 2017
The Uber world did a double turn on 28 October when a UK employment tribunal decided that Uber drivers are workers and not independent contractors, stating in its often times faintly mocking judgment...
December 2016
Minor Employment Claims Adjudication Board – Adjudication Officer – no legal duty to provide written reasons for order At a hearing of the Minor Employment Claims Adjudication Board, the...
July 2016
The Hong Kong Court of Appeal has affirmed a lower court’s decision that could affect all employers in Hong Kong. In Tadjudin Sunny v Bank of America, National Association (CACV 12/2015), the Hong...
June 2016
On 23 June 2016, the UK will vote on whether to stay in the European Union. The implications for the workplace could be huge, as a significant proportion of our employment law comes from Brussels....
June 2016
Preventing Employees from Competing The extent to which an employer can prevent employees from competing varies, depending on whether it is during employment or post-employment. During employment...
April 2016
On 12 February 2016, the Government gazetted the Employment (Amendment) Bill 2016 (the “Bill”). The Bill will be introduced into the Legislative Council for first and second readings on 2 March 2016...
April 2016