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Perspective - Publication

Mandatory vaccinations for employees in Hong Kong

Published on 06 Sep 2021. By Andrea Randall, Partner

In the wake of the Chief Executive’s remarks last week, where she urged private sector employers in Hong Kong to require COVID-19 vaccinations for employees, the question at the top of every employer’s list is – can we legally require employees to undergo vaccination, and if they refuse, require those employees to be regularly tested?

Perspective - Publication

Hong Kong Employee focus: things to be aware of when leaving your role to join a competitor

Published on 23 Aug 2021. By Andrea Randall, Partner

For many employees, changing jobs can be stressful. Having gone through multiple rounds of interviews and discussions, there is a real temptation to sign on the dotted line when the employment contract is finally issued.

Perspective - Publication

Statutory holidays in Hong Kong to increase to 17 days

Published on 02 Aug 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

All Hong Kong employees, under the Employment Ordinance, are entitled to 12 days of statutory holidays. Some are granted all 17 days of general holidays (which consist of all statutory holidays plus five days) by agreement, but most blue-collars are only given 12.

Perspective - Publication

Redundancy in Hong Kong – Payments and notification obligations

Published on 23 Jul 2021.

In the last of this series, we consider the standard payments owed to an employee on termination as well as employers' notification obligations to government entities in Hong Kong on the cessation of employment.

Perspective - Publication

Hong Kong employment – Court of Appeal on interpretation of contracts and (3 – 0) on penalties

Published on 16 Jul 2021. By Andrea Randall, Partner

The Hong Kong Court of Appeal’s recent judgment (of three judges) in Law Ting Pong Secondary School v Chen [2021] HKCA 873 is an interesting judgment that: (i) summarises and applies the relevant principles of contractual interpretation; and (ii) found that a clause providing for termination by payment in lieu of a notice period does not engage the law on penalty clauses and, even if it does, such a provision is unlikely to be regarded as unenforceable (unless it is unconscionable or extravagant).

Perspective - Publication

Redundancy in Hong Kong – An employee's guide to the legal and practical considerations

Published on 07 Jul 2021. By Andrea Randall, Partner

In this article, we will consider an employee's rights in the event that they are told that their role is being made redundant. We will also examine the consequences of receiving notice of redundancy, offers of alternative employment and/or separation agreements, as well as claims an employee may commence against their employer as a result of their cessation of employment.

Perspective - Publication

Redundancy in Hong Kong – An employer's guide to the law, process and practical considerations

Published on 02 Jun 2021. By Andrea Randall, Partner

For a lot of companies, the last 18 months in Hong Kong has been undoubtably challenging. As a result of the uncertainties with the protests, lack of international travel and the COVID-19 pandemic, employers have been looking at making redundancies in order to survive.

Perspective - Publication

Redundancy – The law in Hong Kong

Published on 18 May 2021. By Andrea Randall, Partner

In the current climate, it is inevitable that some employers may have to contemplate making redundancies to trim overhead costs in order to survive. Many industries in Hong Kong have been heavily impacted by the pandemic, forcing employers to make difficult decisions in respect of business operations and the retention of employees.

Perspective - Publication

Hong Kong Employment Law Changes in 2020 and What to Expect in 2021

Published on 24 Mar 2021. By Andrea Randall, Partner

2020 has brought about a significant number of changes to working life in Hong Kong. In light of the protests and COVID-19, there has been a widespread adoption of working from home ("WFH"). In addition, there has been new legislation enhancing the statutory rights of employees. In this article, we provide a review of these changes in 2020 and set out what we are to expect in 2021.

Perspective - Publication

COVID-19 – Key vaccine considerations for employers

Published on 17 Mar 2021. By Andrea Randall, Partner

There have been a number of articles which have considered Hong Kong employers' rights to direct their workforce to be tested and vaccinated against COVID-19. The general consensus amongst legal practitioners in Hong Kong is that there is no statutory right to direct an employee to undergo testing and vaccination.

Perspective - Publication

Some holiday pay reading

Published on 26 Feb 2016.

A new decision on holiday pay and commission.

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Employment update, December 2015

Published on 09 Feb 2016.

Implied terms: when can a term be implied into a contract?

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Employment update, November 2015

Published on 17 Dec 2015.

Penalty clauses: what is the test where a clause is claimed to be unenforceable?

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Employment update, October 2015

Published on 23 Nov 2015.

Whistleblowing: A dispute about terms of employment can be a matter of “public interest”

Perspective - Publication

Employment update, September 2015

Published on 07 Oct 2015.

HR assistance in disciplinary procedures: how much is too much?

Perspective - Publication

PLC QTRLY - Q1 2024

Published on 17 Apr 2024. By Connor Cahalane, Partner, Head of Public Companies and James Channo, Partner and Karen Hendy, Partner, Head of Corporate