* Employment Law & Practice in Hong Kong 3rd ed

NOT YET PUBLISHED

Employment Law & Practice in Hong Kong is a comprehensive, current, and convenient employment law resource. The Third Edition captures the considerable developments in this area of law in the nine years since the previous edition, updated by a mostly new team of contributors comprising experienced barristers and solicitors.

• Recent enhancements to maternity and paternity rights and pay, including extended statutory leave and improved employee benefits.
• Expanded discrimination protections, with amendments to the Sex Discrimination, Disability Discrimination, Family Status Discrimination, and Race Discrimination Ordinances�now covering breastfeeding, protections against harassment in the workplace where there is no employment relationship, discrimination, and harassment on grounds of "imputation" and "association".
• Developments in implied terms within employment contracts, reflecting the latest judicial interpretations and practical applications.
• Chapter updated to address new and revised visa schemes, such as the Top Talent Pass Scheme and changes to professional admission routes, impacting recruitment and compliance for non-local employees.
• Judicial guidance on the enforceability of penalty and liquidated damages clauses in employment contracts, clarifying standards of reasonableness and proportionality.
• Updates on major case law concerning post-termination covenants, including duties of confidentiality and restrictions on competition, solicitation, dealing, and poaching.
• New guidance on employer compliance with the Personal Data (Privacy) Ordinance (PDPO), detailing obligations for handling employee data, consent, retention, and employee rights.

table of content

• 1. Introduction
• 2. The Employment Relationship
• 3. Contract of Employment
• 4. Remuneration and Benefits
• 5. Leave Entitlement
• 6. Termination of Employment
• 7. Employment Protection, Remedies and Entitlements upon Termination
• 8. Discrimination
• 9. Health and Safety at Work I — the Safety Legislation Regime, the Inspectorate, Enforcement and Penalties
• 10. Health and Safety at Work II — Civil Liabilities
• 11. Health and Safety at Work III — Statutory Compensation for Work-related Injury, Death and Disease
• 12. Personal Data Privacy at Work
• 13. Cross-Border Employment
• 14. Change of Ownership
• 15. Government Employment Contracts
• 16. Trade Unions
• 17. Dispute Resolution