Asia Employment, Pensions and Incentives Update – August 2021

Our August update focuses on health and safety obligations across Greater China: in the wake of another high profile sexual harassment in the workplace allegation, what are employers’ obligations in relation to preventing sexual harassment in the PRC?  An overview, including the new Shenzhen Sexual Harassment Behaviour Guide, is available here. employee mental health and … Read more

HONG KONG SAFETY SNAPSHOTS: MANAGING EMPLOYEE MENTAL HEALTH

For some time, we’ve seen a gradual increase in employee mental health issues in the workplace and, the events of last year have accelerated this. A survey conducted by the Mental Health Association of Hong Kong, together with Tung Wah College released in June 2021 found that over 60% of Hong Kong employees interviewed, suffered … Read more

Hong Kong HR Investigation Insights: suspension or administrative leave?

Where there is an ongoing investigation into the alleged misconduct of an employee, the employer wish to suspend an employee’s duties until the investigation is concluded. In Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance (“CFI”) clarified the scope of an employer’s right under the Employment Ordinance … Read more

Asia Employment, Pensions and Incentives Update June 2021

Our June update covers the following developments: a recent case in Hong Kong illustrates the need to conduct prompt and thorough internal investigation – read the case summary here. many employers are struggling with employee mobility at the moment as borders remain closed or subject to tighter immigration controls. For those seeking to bring foreign … Read more

Hong Kong Safety Snapshots: protections for ill and injured workers

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

Asia Employment, Pensions and Incentives Update – May 2021

This month our update covers: the PRC’s new regulations for Financial Holding Companies, and the need to exercise control over the appointment and management of directors, supervisors and senior managers – here. Our Hong Kong update considers the safety landscape and in particular the protections afforded to ill and injured workers. India’s labour reforms: the … Read more

Hong Kong Monetary Authority finalises principles for mandatory reference checking scheme to address “rolling bad apples” phenomenon

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