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

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

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

Ahead of the city-wide compulsory universal testing planned for later this month, and following the announcements by the Hong Kong Government to put in place employment laws that permit no jab, no job policies and sick leave for employees subject to mandatory testing, quarantine or isolation, (covered in our previous alert), the Employment (Amendment) Bill … Read more

Following the increase in COVID-19 cases in Hong Kong, the Hong Kong government has announced a series of tightening measures on 8 February 2022. This alert provides an overview of the latest employer-related measures which have been proposed. Vaccine pass soon to be launched extended to six additional categories of premises From mid-February 2022 entry … Read more

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

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

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