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The Hong Kong Court of Appeal affirms employees’ unfettered statutory rights to be paid their entitlements
26 August 2020In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due date for reasons of alleged gross misconduct that had occurred prior to, and whether an employer can offset its unliquidated claim for damages against the bonus in legal proceedings.
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Could you be fired in Hong Kong for creating a “negative impression” on social media during your probation period?
25 August 2020Hong Kong’s Civil Service Bureau recently issued an internal memo, which was leaked to the press, that said department heads should dismiss employees on probation if they have been charged on suspicion of taking part in “unlawful public activities targeting specific or general policies, and/or decisions of the government”, e.g. unlawful protests.
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What’s new in employment law - Hong Kong
24 August 2020The first half of 2020 has seen several employment law-related changes in Hong Kong, despite the city being hit by three waves of Covid-19 infections and working life changing as we know it.
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It’s a T8 – should employees have the day off when WFH?
19 August 2020Pre-2020, when there was no Covid-19 and employees generally worked in offices, factories, shops, etc. and not from home, the issuing of a Typhoon Warning Signal No. 8 (“T8”) by the Hong Kong Observatory would have been met with a mixture of concern about falling trees and personal and family safety, together with a little excitement at having an unexpected day off work. But what is the situation now for those working from home?
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Employers duties under the National Security Law from a Data Privacy Perspective
16 August 2020The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the “NSL”) came into force on 30 June 2020 and raises data privacy concerns for businesses operating in the city.
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Further details of new UK visa route for Hong Kongers
03 August 2020From January 2021, the UK will make a new visa route available for British Nationals (Overseas) and their dependants who are usually resident in Hong Kong. The route will lead to settlement after five years’ residence in the UK, with the option to apply for British citizenship becoming available for most participants after a further year.
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Can I “work from home” in another country? Rosie Moore, Colin Leckey, Catherine Hayes, Catherine Leung and Katy Lee write for Lawyer Monthly
30 July 2020COVID-19 is causing many employees to ask if they can work from ‘home’ for an extended period in an overseas country, for example, because it is their home nation, or their family is based there.
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The British National (Overseas) visa scheme and migration from Hong Kong to the UK
01 July 2020On 1 July 2020 the UK government announced its commitment to establish a new visa scheme for all British National (Overseas) persons and their dependants. This will provide a readily available opportunity for millions of residents of Hong Kong to move the UK far more easily than those routes currently open to them.
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A Hong Kong legal perspective: The cost of ignoring employees’ mental health - Kathryn Weaver speaks to Human Resources Online
01 July 2020Kathryn Weaver speaks to Human Resources Online on how employers can manage the mental wellbeing of their employees returning to the office in Hong Kong after months of lockdown isolation.
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15 Lewis Silkin employment lawyers listed in Who's Who Legal 2020
01 July 2020Lewis Silkin is pleased to announce that 15 lawyers are listed in this year’s edition of Who’s Who Legal 2020: Labour and Employment - more than double the number of UK lawyers listed from any other law firm.
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Managing your business and employees in Hong Kong during COVID-19
24 June 2020A conversation with Catherine Leung, a partner at Lewis Silkin Hong Kong, on the current employment landscape and how COVID-19 has affected employers in the city.
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Applying for Hong Kong’s Employment Support Scheme on 25 May? Are you liable for any penalties?
21 May 2020Hong Kong’s long-awaited Employment Support Scheme will be open for application starting Monday, 25 May 2020.
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Hong Kong’s Employment Support Scheme: further updates and expansions
12 May 2020On 12 May 2020, the Chief Executive announced further details on the newly implemented Employment Support Scheme as well as further expansions.
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Update on Hong Kong’s Employment Support Scheme (ESS) under the Anti-Epidemic Fund: what we know so far
19 April 2020On 18 April 2020, the Finance Committee of the Legislative Council gave funding approval for the second round of the anti-epidemic fund. This HKD$137.5 billion fund is set to be spread out over a variety of industries, with one of the main aims being job retention and job creation.
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Coronavirus - Hong Kong Relief Measures under the Employment Protection Scheme
08 April 2020On 8th April 2020, the Chief Executive held a press conference announcing that the Hong Kong government is to roll out a HK$137 billion (approximately US$80 billion) relief package by implementing the Employment Protection Scheme to assist individuals and businesses to ease the financial difficulties arising out of the coronavirus pandemic.
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Coronavirus: Legal considerations in Hong Kong around racism and work from home
21 February 2020Catherine Leung comments in Human Resources discussing travel bans and discrimination in the workplace in Hong Kong.
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Senior Japanese politician takes paternity leave in first for country
23 January 2020Shinjirō Koizumi, Japan’s environment minister, is taking two weeks’ paternity leave following the birth of his son on 17 January 2020. It is the first time a Japanese cabinet minister has taken paternity leave, or at least publically announced an intention to do so.
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Changes to Hong Kong tax concessions
07 November 2019The Inland Revenue (Amendment) (Tax Concessions) Bill 2019 was passed by the Legislative Council on 6 November 2019.
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Hong Kong hit by “city-wide strike” - how should employers respond?
04 August 2019A large number of employees in Hong Kong vowed to participate in a “city-wide strike” today (5 August 2019) in a further attempt to make their political demands heard. What should employers bear in mind from a legal and employee relations standpoint in considering their response?
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Hong Kong Government changes rules to allow same-sex couples to elect joint tax assessment
28 July 2019Following the Court of Final Appeal (“CFA”) decision in Leung Chun Kwong v Secretary for the Civil Service and Commissioner of Inland Revenue, Hong Kong’s Inland Revenue Department (“IRD”) has confirmed that it has now changed its internal rule book to allow same sex married couples to apply for joint tax assessment.