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Hong Kong court upholds summary dismissal in light of employees secret business
17 December 2021In the case of Cosme De Net Co Ltd v Lam Kin Ming [2021] HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.
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Hong Kong court finds that pilot’s “standby” time did not constitute as rest days for the purposes of the Employment Ordinance
17 December 2021In the case of Breton Jean v. 香港麗翔公務航空有限公司 (Hk Bellawings Jet Limited) [2021] HKDC 46, the Court found that the employer had failed to provide rest days to the employee as they had been expected to have a degree of flexibility during their standby period.
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Hong Kong court confirms that a party cannot enforce a contract with a unilateral mistake which he/she knew or should have known did not reflect the other party’s intentions
17 December 2021Zhang Qiang v Cisco Systems (HK) Ltd [2021] HKCFI 694 is a case that reminds employers of the importance of putting the right figure in a settlement agreement – especially when dealing with an uncooperative employee. In this case, although ending in the employer’s victory, a typo in the settlement agreement had led to a decade-long lawsuit.
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Lewis Silkin's Hong Kong team discuss topical issues in podcast series
16 December 2021Our Hong Kong employment team have collaborated with Conventus Law on their podcast series “Heart of the Matter – A Podcast on Legal Development from around the world”.
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Hong Kong court confirms that the implied duty of mutual trust and confidence cannot be relied upon to recover damages for loss arising from the manner of dismissal
16 December 2021In the case of Lam Siu Wai v Equal Opportunities Commission [2021] HKCFI 3092, the Court of First Instance held that the employer’s right to terminate in accordance with the terms of employment was not subject to the implied duty of mutual trust and confidence and so an employee could not rely on it to recover damages for loss arising from the manner of his or her dismissal.
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Hong Kong court confirms that suspension from partial performance of duties is not the same as suspension from employment
15 December 2021In the case of Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance recently overturned a Labour Tribunal judgment and held that an employer’s statutory right to suspend an employee from employment under Section 11 of the Employment Ordinance only applied to a complete suspension from employment and not to a suspension from partial performance of duties.
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Hong Kong employer succeeds in enforcing a 6-month non-compete clause
02 November 2021The Court of First Instance recently upheld a 6-month non-compete clause and granted an injunction against a former employee preventing him from working for a competitor of his former employer until the non-compete period had expired. This demonstrates that a well-drafted non-compete clause can be an effective way to protect the interests of an employer.
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Vaccination policies data privacy concerns for employers in Hong Kong
16 August 2021With over half of Hong Kong’s population having received a first vaccine dose, employers may be keen to monitor which of their employees have been vaccinated.
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Employment law in Indonesia - an overview
Inbrief
01 February 2021Although still a largely agrarian economy, Indonesia is rapidly industrialising and diversifying into other spheres. The continuous and steady growth of the country makes Indonesia an attractive place for business in the coming years. It is important that organizations currently doing business in the country or considering doing so are aware of the often strict employment laws in Indonesia.
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Employment law in Hong Kong - an overview
Inbrief
01 February 2021With its historical ties with the West and reputation as a “gateway” to Mainland China, it is not surprising that Hong Kong is already home for many Western companies and is top of the list for those wishing to expand into Asia Pacific. This in-brief provides an overview of employment law in Hong Kong.
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Covid19 can employers in Hong Kong require their employees to be tested and vaccinated
21 January 2021With a vaccination against coronavirus being rolled out in Hong Kong shortly, many employers in will understandably be eager to have their employees vaccinated in the hope of their workplace returning to some form of normality. This article explores some of the legal issues.
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Lewis Silkin expands market leading IP practice to Hong Kong through partner hire
Press Release
11 January 2021IP lawyer David Swain joins as partner.
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Employment law in Vietnam - an overview
Inbrief
04 January 2021Over the past few decades, Vietnam has moved from a centrally-based economy to one with significant market features.
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Employment law in China - an overview
Inbrief
04 January 2021China’s strong economy, large manufacturing base and burgeoning consumer market make it an irresistible place for many Western companies to do business. This in-brief provides a snapshot of some of the key aspects of Chinese employment law. Our Hong Kong office was opened to meet a growing demand from many of our clients for coordinated employment and immigration/global mobility support across the Asia Pacific region (including China).
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Employment law in the Republic of Korea – an overview
Inbrief
04 January 2021The Republic of Korea (often referred to as South Korea and in this in-brief as Korea) has one of Asia’s strongest performing economies and is home to some of the world’s largest brands. Despite its fast ageing population and a chronically low level of productivity, Korea continues to be popular place to invest for foreign companies.
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Hong Kong: A 2020 Refresher On COVID-related Employment Law Issues In Hong Kong. Kathryn Weaver writes for Mondaq
Press
07 December 2020In this article first published in HR Online, Kathryn Weaver answers some key questions on employers' duty of care and other pandemic-related issues in Hong Kong, and takes a look ahead to 2021.
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Employment law in Philippines - an overview
Inbrief
01 December 2020Despite the lingering global economic slowdown, the Philippine economy has outperformed most of its ASEAN neighbours.
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Employment law in Australia - an overview
Inbrief
01 December 2020Despite the economic slowdown in Australia over the last few years, real GDP has grown by 3.1% year on year and is expected to remain stable at this mark for the remainder of 2016 and 2017.
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Employment law in Singapore – an overview
Inbrief
01 December 2020Singapore’s rapid economic development since it gained independence in 1965 is well documented. This economic success, combined with the country’s lightly regulated business environment, has long made it a natural “hub” for many multinational employers. This in-brief provides an overview of some of the key aspects of employment law in Singapore.
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Employment law in Thailand – an overview
Inbrief
01 December 2020Despite several years of relative political uncertainty, the business climate in Thailand continues to be positive and welcoming to foreign investment. The country’s participation in the recently established Association of Southeast Nations (ASEAN) Economic Community can only be expected to continue this trend. This in-brief provides a snapshot of the key aspects of employment law in Thailand.