Legal Case studies for employers
Employers should obey with the employment law. Stay ahead of the latest labour law updates for business with the case study and legal advice for companies.
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2022 Employment Support Scheme - Points to note for employers in relation to changes in employee headcounts
According to the Government, pursuant to the 2022 Employment Support Scheme (ESS), 77,000 employers have had their wage subsidies for May 2022 approved, representing total funding of approximately HK$5.2 billion. As a brief reminder, the ESS is a support scheme first implemented in 2020 to provide employers with the financial support needed to retain their employees. The financial support given was in the form of wage subsidies disbursed in 2 tranches, with the first tranche used for employee wages during the period from June to August 2020, and the second tranche used for the period from September to November 2020. Like the ESS implemented in 2020, the 2022 ESS will also provide successful employer applicants with wage subsidies, but the focus of the scheme is to help businesses rebuild as quickly as possible and to encourage employers to increase their employment rates (as opposed to merely keeping businesses afloat).
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#BreakTheBias: Employers’ duty to protect breastfeeding mothers at work
A breastfeeding survey conducted by the Department of Health has revealed that the percentage of women breastfeeding their newborn babies in 2018 was 87.5%, which has increased by over 30% since 2004. With the number of breastfeeding mothers increasing, it is important to ask the question – has your organisation done its part to #BreakTheBias and more specifically taken steps to prevent discrimination and harassment against breastfeeding women in the workplace?
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The importance of a set of well-drafted post-termination restrictive covenants
Movement of talent is common in Hong Kong and often without notice. A set of bespoke, well-drafted post-termination restrictive covenants can protect an employer’s legitimate business interests and deter breaches by employees and competitors alike. However, what should a well-drafted restrictive covenant look like? Hong Kong Courts are often reluctant to uphold non-compete provisions. The position in Hong Kong, as in many common law jurisdictions, is that covenants in restraint of trade are unenforceable unless they can be shown to be reasonable between the parties and in the public interest. In such case, what can an employer do to protect its interests?
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Employers’ rights to collecting employee health data amid COVID-19
Unfortunately, as we move towards the end of the pandemic’s second year, it is becoming increasingly apparent that there will not be an end anytime soon. Collection of employee health data is likely to continue being a common feature in today’s workplaces. While the Privacy Commissioner of Personal Data has openly stated that Hong Kong’s data privacy laws should not be seen to hamper measures taken to combat COVID-19, employers are still expected to comply with such laws even in times like these. Where employers collect employee health data, data privacy laws will generally impose continuing duties on such employers in relation to the collection and handling of such data. It is therefore important for employers to refresh themselves as to the relevant data privacy principles to ensure ongoing compliance throughout the pandemic.
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Amendments to Employment Ordinance have implications for employment agencies
By Helen Colquhoun , Wundy Lee
Career Advice
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Case Study
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Employment Ordinance
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employment agencies
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foreign domestic helpers
Two years ago, the Employment Ordinance and the Employment Agency Regulations were the only statutes........
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Typhoons and heavy rainstorms can pose headaches for Hong Kong HR departments
By Laura Chapman and Stephanie Chiu
Career Advice
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Case Study
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Typhoons
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heavy rainstorms
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Typhoon Hato
Hong Kong has had three T8 typhoons and one T10 so far this summer, and the Hong Kong Observatory .....
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The difficulties and limitations of conducting background criminal checks
By Gillian McKenzie and Gareth Thomas
Career Advice
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Case Study
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Background Checks
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criminal checks
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background check
Employers often seek to carry out criminal and other background checks on new employees as part of their pre-hire processes.......
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