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Why have tailored articles of association and even a shareholders agreement
13 December 2018If you are setting up a company with your business partner, you may be tempted to rely solely on the statutory default articles of association for private companies limited by shares (the Model Articles) to govern the internal procedures of the company, and the corporate relationship between you. These notes show why you really should consider having articles that are tailored to your circumstances, and even a shareholders’ agreement, between you and your partner - even if you wouldn’t dream of falling out with him or her.
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Hong Kong increases statutory paternity leave with effect from today
18 January 2019Hong Kong male employees will be entitled to five days’ paid paternity leave for each child born on or after today, 18 January 2019, increasing from the current entitlement to three days’ leave.
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Hong Kong has taken another significant step towards equality of rights for same sex couples
23 July 2019The Court of Final Appeal (“CFA”), Hong Kong’s highest court, has ruled that it is unjustified indirect discrimination to refuse a male government employee access to spousal benefits for his husband and the ability to elect for joint assessment of salaries tax.
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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.
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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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Employee share schemes in Hong Kong - an overview
26 May 2020Our Hong Kong office advises on all aspects of employee share schemes in Hong Kong and can co-ordinate, with our international network of partner firms on the implementation of schemes across the Asia Pacific region.
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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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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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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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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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Employment law in Philippines - an overview
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
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 Vietnam - an overview
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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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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Employment law in Indonesia - an overview
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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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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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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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 employers to brace for change
10 February 2022In this article, we will cover the government’s proposed amendments to the Employment Ordinance (“EO”) as part of its continuing efforts to fight the endemic, and the latest development on abolishing the Mandatory Provident Fund (“MPF”) offsetting mechanism.
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Hong Kong government tables bill to abolish Mandatory Provident Fund
07 March 2022There is finally visibility on how the government proposes to sunset the controversial Mandatory Provident Fund (“MPF”) offsetting mechanism as the long-awaited Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill (“Bill”) was tabled to the Legislative Council on 23 February 2022. The government hopes that the law will be finalised within the current government office term and expects the mechanism to be abolished by 2025. This article provides a summary of the key changes and some key takeaways for employers.