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In the recent case of Cosme De Net Company Limited v Lam Kin Ming [2021] HKDC 445, [2021] HKEC 1655, an employee had been engaging in secret business in contravention of his employment terms. Upon discovery of the potential misconduct, an internal investigation was carried out revealing compelling evidence of serious misconduct leading to the … Read more
Like many jurisdictions, Hong Kong has various statutory measures in place to protect injured workers. It can be complex in understanding the scope of various protections and what employers can and cannot do when managing the employment of an ill or injured employee. This Safety Snapshot highlights the key protections and provides practical tips for … Read more
Since February 2016, judges imposing fines for Corporate Manslaughter, health and safety offences and food safety offences have been required to follow a methodology set out in the Sentencing Council’s Definitive Guideline (the “Guideline”). The stated aims of the Guideline included increasing the level of fines imposed on larger companies and providing greater certainty. Whilst … Read more
Below is a round-up of key Covid-related developments for employers over the last six weeks: The Prime Minister has just confirmed that Step 3 of the roadmap for relaxing the Covid-19 restrictions will go ahead on Monday 17 May as planned. The Prime Minister had earlier confirmed plans to lift the ‘work-from-home’ guidance for England … Read more
On 12 May 2021, Spain’s Official State Journal (Boletín Oficial del Estado, or BOE) published Royal Decree-Law 9/2021, of 11 May, which amends the recast Spanish Workers’ Statute Law, approved by Legislative Royal Decree 2/2015, of 23 October, which guarantees the labour rights of people who deliver for digital platforms (RDL 9/2021 or the Riders … Read more
To mark Mental Health Awareness Week #MHAW21, Tim Leaver is joined by Sam Brown, a partner in our Pensions team and UK Regional Head of Employment, Pensions & Incentives for a discussion on workplace mental health and wellness, how the pandemic has impacted our wellbeing and awareness of our mental health and they share tips and … Read more
In our next episode, the team looks at non-competes; the current status of the law in this area and the proposed changes the Government is considering; what are the practical implications of these changes? Speakers Please contact any of our speakers if you would like to discuss this podcast and any of the issues discussed: Read more
Following a three-month industry consultation period, the Hong Kong Monetary Authority (HKMA) has released the Consultation Conclusions Paper on Implementation of Mandatory Reference Checking Scheme to Address the “Rolling Bad Apples” Phenomenon (Consultation Conclusions) dated 3 May 2021. Through the mandatory reference checking scheme (MRC Scheme), the HKMA will establish a common protocol for reference … Read more
A busy start to 2021 for Hong Kong employers with a number of new changes coming into effect or on the horizon. The Government has recently announced that employers can now seek reimbursement for the additional statutory maternity leave which came into effect in December 2020. From next month, new mothers will also benefit from … Read more
