HONG KONG UPDATE: REMOVAL OF MPF OFFSETTING ARRANGEMENTS ON THE WAY

The long-awaited changes, which will abolish the current MPF offsetting arrangements against severance or long service payment, have been published, introduced and passed as one of the first bills for the 2022 legislative session. This article gives an overview of the changes and transitional arrangements. Abolishing the offsetting arrangement Currently, employers are permitted to offset … Read more

Hong Kong: Government proposes new bill to enhance deterrent effect of Occupational Safety and Health offences

Following the Hong Kong Government’s commitment in the 2017 Policy Address to review the penalty regimes of the relevant occupational safety and health legislations (OSH) in Hong Kong, the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Bill 2022 (Bill) was published on 13 May 2022, with a view to reducing the number of serious … Read more

Hong Kong: Taking Mental Health Conditions into Account – Discriminatory or Obligatory?

In a recent District Court decision C v The Chinese University of Hong Kong [2022] HKDC 77, the Court considered whether the University’s decision to discontinue the studies of a student, C, who suffered from mental health conditions, was discriminatory. This case provides helpful guidance on navigating employment decisions, such as whether dismissal or disciplinary action is … Read more

GREATER CHINA: KEY EMPLOYMENT ISSUES FOR THE YEAR AHEAD

Two years of upheaval have brought about new ways of working and new challenges for employers. Our Greater China employment team reflects on important themes that have emerged and which will continue to shape the year ahead for employers in China. Ranging from managing employee mental health and remote working to protecting teams and trade … Read more

HONG KONG: ARE PAID NON-COMPETE PERIODS WORTH THE EXPENSE?

In a recent decision of the Hong Kong High Court[1], a six month non-compete restriction was upheld against an employee. One way that this decision differs from other recent cases was that the employee was entitled to receive his usual salary for the entire non-compete period. In considering the balance of convenience, not only did … Read more

HONG KONG SAFETY SNAPSHOTS: MANAGING AN EMPLOYEE’S RETURN TO WORK

As discussed in a previous Snapshot, when employees are absent from work due to injury or illness, it can also significantly impact business operations. Following an employee’s prolonged absence, the next challenge is to ensure a successful transition back to work. This Safety Snapshot highlights the key considerations for employers in balancing their legal duties, … Read more