Employment law in Hong Kong 香港僱傭法
Employment is a central focus of our business and we advise Hong Kong clients and multinationals of all sizes on their employment law needs.
Underpinning the success of any business is its people. Meeting the competitive challenges of today’s rapidly changing world can require a radical re-think of the employer/employee relationship, and co-ordinating globally mobile talent can present significant challenges. Nurturing diversity, incentivising key staff and protecting against team defections are all essential to business success.
Our team of lawyers in Hong Kong advises both businesses headquartered in and those with operations in Hong Kong on the full range of employment law matters including:
- day-to-day HR support
- employment documentation
- separation agreements
- employment disputes in the Labour Tribunal
- restrictive covenants
- transfer of business undertakings
- employee benefits and incentives
- workplace privacy
- advising senior executives
- expatriate assignments
We also advise on multi-jurisdictional employment law projects.
You can view our latest four Hong Kong blog posts below and our full blog here.
Lewis Silkin expands litigation offering in Hong Kong04 January 2022
Experienced employment and IP litigator Jezamine Fewins joins team.
Hong Kong court finds that pilot’s “standby” time did not constitute as rest days for the purposes of the Employment Ordinance17 December 2021
In the case of Breton Jean v. 香港麗翔公務航空有限公司 (Hk Bellawings Jet Limited)  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.
Hong Kong court upholds summary dismissal in light of employees secret business17 December 2021
In the case of Cosme De Net Co Ltd v Lam Kin Ming  HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.
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 intentions17 December 2021
Zhang Qiang v Cisco Systems (HK) Ltd  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.
Lewis Silkin's Hong Kong team discuss topical issues in podcast series16 December 2021
Our 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”.
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 dismissal16 December 2021
In the case of Lam Siu Wai v Equal Opportunities Commission  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.
Hong Kong court confirms that suspension from partial performance of duties is not the same as suspension from employment15 December 2021
In the case of Lengler Werner v Hong Kong Express Airways Ltd  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.
Vaccination policies data privacy concerns for employers in Hong Kong17 August 2021
With 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.