Employment

Hong Kong: who owns employees’ work product

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how … Continue reading

Leave a Comment

Filed under Employment, Hong Kong

Hong Kong: immigration win for same-sex couple

In a landmark ruling, the Court of Appeal held that the Immigration Department’s visa policy, insofar as it denies same-sex couples eligibility for consideration for a dependant visa, breaches the right to equality enshrined in article 25 of the Basic … Continue reading

Leave a Comment

Filed under Employment, Hong Kong

Hong Kong: is it time to refresh your disciplinary procedure?

When was the last time you looked at your organisation's disciplinary procedures? Is it time for a refresh? Earlier this year, a decision of the Court of First Instance of Hong Kong ("CFI") caused many HR professionals to reassess their … Continue reading

Leave a Comment

Filed under Employment, Hong Kong

PRC: local courts’ observations on labour disputes

Local courts in Beijing and Shanghai have recently issued whitepapers setting out their observations of employment cases and their positions regarding certain common employment legal issues for the year of 2015. Given Beijing and Shanghai are two of the biggest … Continue reading

Leave a Comment

Filed under China, Employment

Impact of CJEU decision in Schrems v DPC on the implementation of cross-border data transfer provisions in Hong Kong

Organisations in the European Union with operations in the United States have, for over a decade now, taken comfort that the transfer of personal data to the United States would be lawful if the recipient had subscribed to the US … Continue reading

Leave a Comment

Filed under Data protection, Employment, Hong Kong

You can’t keep a good man down

In the recent case of Eastern Athletic Association Football Team Ltd v Alessandro Ferreira Leonardo (HCA 2383/2015), the High Court refused to grant an interlocutory injunction to a football club, Eastern Athletic Association ("EAA"), to restrain one of its players … Continue reading

Leave a Comment

Filed under Employment, Hong Kong

Hong Kong Court of Appeal finds TVB manager guilty of bribery in high profile case

On 26 October, the Court of Appeal handed down its long-awaited judgment regarding bribery charges against former TVB general manager and TV presenter, Stephen Chan and his assistant, Tseng Pei-kun. The men had twice been acquitted but now face jail … Continue reading

Leave a Comment

Filed under Employment, Investigation and compliance

New class action law in Thailand

The Thai Civil Procedure Code has been amended to allow for class action suits to be brought by large groups of plaintiffs for breach of civil wrongs, including breach of tort, breach of contract and breach of labour rights. The … Continue reading

Leave a Comment

Filed under Class actions, Contract, Employment, South East Asia

ADR Practical Guide No. 7:  Mediating Employment and Workplace disputes

Our London ADR team has launched the seventh guide in their series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on … Continue reading

Leave a Comment

Filed under ADR, Employment

Second minimum wage increase in Hong Kong

On 16 January 2015, the Chief Executive in Council gazetted a legal notice to increase the statutory minimum wage in Hong Kong for the second time. Hong Kong’s minimum wage is therefore set to increase from its current rate of … Continue reading

Leave a Comment

Filed under Employment, Hong Kong