Template of Anti-Harassment and Bullying Policy for the company’s internal use. The policy aims to create a workplace free of harassment and bullying and the employees are treated with respect and dignity. This template sets out the procedure for making complaints, conducting investigation, decision-making and appeals.
Seven years & two years respectively according to the Code of Practice on Human Resource Management. Old employee The employer cannot keep the personal record for an old employee for more than seven years. There are only limited exceptions to justify the extension of the retention period, for example administering the remaining duty of MPF … Read more
You can if it is related to the job nature of the vacancy. If the criminal record is highly related to the nature of the job, then the employer can ask the job applicant if he has a criminal record. The Personal Data (Privacy) Ordinance states that personal data for the purposes of which the … Read more
As the COVID-19 pandemic continues in 2021, many companies have maintained their arrangement of working remotely or work from home (WFH). The main areas of consideration for an employer are: Compliance with Occupational Safety and Health Ordinance (“OSHO”) and the common law duty of care: Under Section 6 of the OSHO, an employer has the … Read more
Checking an employee’s browsing history may be a common practice for many employers. In many situations, a monitoring activity would amount to “collection” of personal information and therefore you have to make sure everything is in line with the Personal Data (Privacy) Ordinance (Cap. 486). This article wishes to provide you with a brief overview … Read more
The four anti-discrimination ordinances in Hong Kong (the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) and the Race Discrimination Ordinance (Cap. 602)) prohibit both discrimination and harassment in the workplace. Discrimination and harassment are certainly different as they refer to different types of acts … Read more
If your employee has made a complaint of unlawful discrimination against you or any other person within the company, you should take certain steps to protect yourself: Treating the matter seriously Being careful of not falling into the trap of “victimising” your employee: For instance, you should not force your employee to stay at home. … Read more
The Equal Opportunities Commission has implemented the four anti-discrimination ordinances. Since the implementation, employers and employees in Hong Kong have become more aware of their legal rights and obligations. Numerous things can be done by employers to ensure that they comply with the four ordinances: Implementing transparent anti-discrimination policies and internal grievance procedures: The policies … Read more
Under Hong Kong law, there is no specific legislation prohibiting workplace discrimination based on age. The Hong Kong Government has only tackled age discrimination in Hong Kong since 1996 by educating the public and issuing self-regulatory guidelines to employers. However, these guidelines do not make employers legally liable for any malpractices and the Equal Opportunities … Read more
If your employee alleges that they have been discriminated against in the workplace, the first thing that they may do is to check whether the company’s policy has protected them from the discriminatory act. Then, they may make a complaint to the individual responsible for the discriminatory act. They may also lodge a complaint to … Read more