Employment Archives - Page 4 of 7

What changes has the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 made to the existing workplace discrimination law?

On 19 June 2020, the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 came into force. The Ordinance was enacted to improve protection against discrimination. It has also amended the existing workplace discrimination law, including the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) and the Race … Read more

What is employment discrimination and what is workplace discrimination?

Employment discrimination occurs when a job candidate is being treated unfavourably or less favourably than other candidates. Similarly, workplace discrimination happens when an employee is being treated unfavourably or less favourably than other employees. Under Hong Kong’s anti-discrimination law, employment or workplace discrimination is prohibited. It is unlawful to discriminate against a job candidate or … Read more

Can I ask my employee to work on a statutory holiday?

Irrespective of an employee’s length of service, they are entitled to 12 statutory holidays: 1st January Lunar New Year’s Day the second day of Lunar New Year The third day of Lunar New Year Ching Ming Festival 1st May (Labour Day) Tuen Ng Festival 1st July (HKSAR’s Establishment Day) The day after the Chinese Mid-Autumn … Read more

What happens to an employee’s annual leave if the employer intends to close down their business?

If an employer intends to shut down their business or part of it for granting annual leave to their employees, they should make a written inform to the affected employees at least one month in advance. If an employee is not entitled to any paid annual leave for any day during the shutdown period but … Read more

What is annual leave? How many days of annual leave in a year should I give my employees?

During their period of employment, employees are entitled to enjoy statutory holidays, rest days and paid annual leave. Annual leave refers to paid time off work given by employers to employees. In Hong Kong, an employee is entitled to paid annual leave every 12 months if they have been employed under a continuous contract. Calculation … Read more

Can I be fined for paying wages to my employees late?

On the last day of your employee’s wage period, their wages become due and you should pay wages to them as soon as possible. In any case, you should pay wages to your employees not later than seven days after the end of their wage period. If you fail to pay wages to your employees … Read more

Can I deduct my employee’s salary for damages or losses that they have caused to my business?

Generally, an employer is prohibited under section 32 of the Employment Ordinance (Cap. 57) from deducting their employee’s wages. However, if damage or loss has been caused to the employer’s equipment, goods or property by the employee’s default or neglect, the employer can deduct the employee’s wages. In any one case, the sum to be … Read more

What is the minimum wage in Hong Kong? Can I be exempted from paying my employees the minimum wage?

Wages refer to all earnings, tips, allowances, remuneration and service charges payable to an employee for the work done or to be done by them. In Hong Kong, the statutory minimum wage is currently set at HK$37.50 per hour by the Minimum Wage Ordinance (Cap. 608). Generally, the Ordinance applies to every employee, their employer … Read more

Are Garden leaves enforceable in Hong Kong?

Yes, garden leaves are generally enforceable to prevent an employee from taking a job at a competing business immediately post-termination of their contract. What is garden leave? Garden leave allows an employee who has left their position and no longer needs to report to work but still remains on the payroll and entitled to full … Read more

Are non-competes enforceable in Hong Kong?

Yes, non-competes are enforceable, if they are reasonable. Employers should state the non-compete clauses clearly and precisely in the employment contract. What is a non-compete? A covenant not to compete, also called a ‘non-compete’, is a clause included in an agreement, between an employer and employee, whereby the employee agrees not to work in competition … Read more