Labour & Employment

Winnie Chiu, Partner, ONC Lawyers An employer who fails to pay wages to its employees within 7 days after the expiry of the wage period wilfully and without reasonable excuse may be liable to pay a...
March 2015
Marina O.K. Fung, Partner, Derek M.T. Lee, Mayer Brown JSM All Employment Compensation insurers and employers are advised to take note that a resolution has been passed by the Legislative Council on...
March 2015
Hong Tran, Partner, Mayer Brown, JSM On 12 December 2014 the Sex Discrimination Ordinance (“SDO”) was amended to make unlawful the sexual harassment of a person by a customer in the...
January 2015
Julia Gorham, Head of Employment, Asia, DLA Piper Hong Kong Every organisation is vulnerable to crisis. No sector or industry is immune. Nowadays, General Counsel or legal teams will usually be at...
January 2015
Duncan Abate, Hong Tran, Anita Lam, Mayer Brown JSM Do you ever enter into agreements with unions? Do you ever outsource the provision of benefits to employees through a service provider? Do you...
December 2014
Julia Gorham, Head of Employment, Asia, DLA Piper, Hong Kong Hong Kong and Asia are currently clear of the Ebola virus but are not immune. Ebola is very different from the SARS or Bird Flu outbreaks...
December 2014
Wynne Mok, Partner, Rebecca Hui, Associate, Norton Rose Fulbright Hong Kong The Equal Opportunities Commission (the “EOC”) has recently launched its first comprehensive review of the...
November 2014
Written by Wan Li, Managing Partner, Seyfarth Shaw LLP (China) Non-compete agreements are widely used by employers in certain industry sectors in China to protect their trade secrets and...
October 2014
Written by Julia Gorham, Head of Employment for Asia, DLA Piper As flu season fast approaches, many employers are rolling out programmes to vaccinate staff and their families. While altruistic in...
October 2014
Written by Pattie Walsh and Julia Gorham, DLA Piper In ESL Fuels Ltd v Fletcher & Anor, the English High Court refused to grant an interim injunction to prevent the sale by a former employee of...
September 2014
Employment—no inconsistency between reg. 411, which provided for forfeiture of retiring rights on dismissal, and Ordinance or Rules—section 5 of the Pensions Benefits Ordinance (Cap. 99) does not...
May 2014
Continuous contract — working minimum hours in a week is not the same as having worked for one week A waitress employed by the defendant (“D”) was dismissed on 20 July 2012 and claimed wages in...
January 2014
The latest chair of the Equal Opportunities Commission (“EOC”) talks to Hong Kong Lawyer about discrimination, which accounts for most of the EOC’s concerns. He also touches on gender identity, a...
October 2013
Commerzbank, Germany’s second-largest lender, on Friday lost a high-profile appeal against a unanimous UK court ruling that forces it to pay 104 London-based bankers around €52 million (HK$531.6...
June 2013
Whether death arose out of and in course of employment The deceased (“X”), was employed by the Defendant (“D”) as the captain of a fishing vessel. While docked in Shanwei in Mainland China, X...
May 2013
A landmark decision on 25 March 2013 ruled against granting residency to two Filipino maids, dashing the hopes of several hundred thousand other domestic helpers from ever gaining permanent residency...
April 2013
Loss of earnings — loss of earning capacity — loss of congenial employment — appeal against assessment — approach to loss of earnings on account of loss of chance of promotion In May 2008, P...
March 2013
The Council has, with the assistance of the Company Law Committee, reviewed the Consultation Paper on Board Diversity issued by the Hong Kong Exchanges and Clearing Limited on 7 September 2012. The...
December 2012
On 26 September 2012, the Court of Final Appeal (“CFA”) handed down two judgments that grabbed public attention for the high level of damages given at First Instance to the plaintiffs, followed by...
December 2012
The General Holidays and Employment Legislation (Substitution of Holidays) (Amendment) Bill 2011 was gazetted and came into operation on 24 February 2012 and amends the Employment Ordinance (“EO”)...
December 2012