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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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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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When working from home means working abroad
26 October 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. This article explains the potential legal issues and how to avoid the traps.
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Are employees in Hong Kong required to take Covid-19 tests? Key employer considerations
01 September 2020In order to detect and cut any invisible transmission chains of COVID-19 in the community, the Hong Kong Government launched the Universal Community Testing Programme (the “UCTP”) on 1 September 2020, providing one-off free testing services to all Hong Kong residents.
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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.