ONC Lawyers

General Employment Advice

Hong Kong’s economy has been well supported by a comprehensive framework of labour legislation, which is a major factor why so many companies choose to conduct business in Hong Kong. It offers certainty with regard to the rights and duties of employers and employees whilst enabling great flexibility for parties to negotiate employment contracts. While leveraging the protection from labour legislation, make sure that you do not overlook that employment law is highly dynamic and sometimes agonistic. Whether you are an employer or employee, comprehensive advisory services are what you need in order to develop your business or career goals safely within the law.

At ONC Lawyers, we help you tackle the various facets of employment law that may often be overlooked by both employees and employers before, during and after the employment relationship. We have extensive experience advising international corporations, small and medium-sized enterprises, individual employers and employees, including senior executives, on all aspects of employment law issues, from negotiating and reviewing employment contracts to resolving complex employment disputes promptly and amicably. The expertise of our employment specialists together with our excellent understanding of the local business environment and companies’ day-to-day business needs makes us the go-to law firm when you experience workplace issues.

Our employment practice provides the following professional services:

drafting and reviewing employment contracts, consultancy agreements, staff handbooks and human resources polices;
advising on statutory and contractual entitlements;
advising on confidentiality issues and protection of trade secrets;
advising on post-termination restraints such as non-solicitation, non-compete and non-dealing clauses;
advising on termination of employment and severance packages;
advising on employee misconducts and disciplinary actions;
advising on discrimination complaints and investigations;
advising on defamation, privacy and harassment claims;
advising on employment law issues arising from redundancy situations, company reorganizations; and
advising on employment law implications in the context of mergers and acquisitions and commercial transactions.

Credentials of our lawyers in this area include:

prepared template employment contracts and employee handbook for a newly listed company.
advised a Chinese medicine clinic group on its employment contracts.
advised client on its bonus scheme eligible to all of the staff of its Hong Kong office.

If you would like to seek advice on general employment issues, please contact us at (852) 2810 1212 or at employment@onc.hk.

Please refer to our articles in ‘Knowledge’

Recommended Posts

Can employer be held vicariously liable for employee fraud?

In our previous newsletters, “Employer’s Liability Towards Unauthorized Act of Employees” and “Employer Found Vicariously Liable for Assault Committed by Their Employees”, we discussed the “close connection” test in relation to an employer’s vicarious liability for employee’s unauthorized act. Time and again, the “close connection” test has been applied and affirmed by Hong Kong courts. In the recent case of Luk Wing Yan v CMB Wing Lung Bank Limited (previously known as Wing Lung Bank Limited) [2021] HKCFI 279, the Court of First Instance discussed whether the “close connection” test serves as a blanket principle that is applicable in all circumstances.

Can an employer dismiss an employee who is on long-term sick leave?

Under the Employment Ordinance (Cap. 57), save for summary dismissal, it is unlawful for an employer to dismiss an employee who is on paid statutory sick leave. This does not apply during periods of unpaid sick leaves, where an employer dismisses an employee by paying the normal compensation for termination, and in addition, any statutory sickness allowance to which the employee is entitled. However, in both circumstances, an employer may encounter the risk of disability discrimination claims. In the recent decision of Lee Chi Bun v Novartis Pharmaceuticals (HK) Ltd [2021] HKDC 1101, the District Court considered this position.

Does an employer have to tell you why you are fired?

“Employers have to give reason for termination” – Myth or Fact? In the recent decision of Lam Siu Wai v Equal Opportunities Commission [2021] HKCU 4949, the Court of First Instance made it clear that it is unnecessary for an employer to give any reason for termination and the long-established implied duty of mutual trust and confidence does not cover termination of an employment.