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1.
What are the main statutes and regulations relating to employment?
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2.
Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
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3.
What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
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4.
Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
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5.
What are their powers?
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6.
Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
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7.
Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
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8.
Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
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9.
Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
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10.
Must there be a written employment contract? If yes, what essential terms are required to be evidenced in writing?
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11.
To what extent are fixed-term employment contracts permissible?
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12.
What is the maximum probationary period permitted by law?
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13.
What are the primary factors that distinguish an independent contractor from an employee?
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14.
Is there any legislation governing temporary staffing through recruitment agencies?
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15.
Are there any numerical limitations on short-term visas? Are visas available for employees transferring from one corporate entity in one jurisdiction to a related entity in another jurisdiction?
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16.
Are spouses of authorised workers entitled to work?
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17.
What are the rules for employing foreign workers and what are the sanctions for employing a foreign worker that does not have a right to work in the jurisdiction?
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18.
Is a labour market test required as a precursor to a short- or long-term visa?
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19.
Are there any restrictions or limitations on working hours and may an employee opt out of such restrictions or limitations?
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20.
What categories of workers are entitled to overtime pay and how is it calculated?
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21.
Can employees contractually waive the right to overtime pay?
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22.
Is there any legislation establishing the right to annual vacation and holidays?
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23.
Is there any legislation establishing the right to sick leave or sick pay?
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24.
In what circumstances may an employee take a leave of absence? What is the maximum duration of such leave and does an employee receive pay during the leave?
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25.
What employee benefits are prescribed by law?
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26.
Are there any special rules relating to part-time or fixed-term employees?
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27.
Must employers publish information on pay or other details about employees or the general workforce?
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28.
To what extent are post-termination covenants not to compete, solicit or deal valid and enforceable?
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29.
Must an employer continue to pay the former employee while they are subject to post-employment restrictive covenants?
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30.
In which circumstances may an employer be held liable for the acts or conduct of its employees?
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31.
What employment-related taxes are prescribed by law?
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32.
Is there any legislation addressing the parties’ rights with respect to employee inventions?
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33.
Is there any legislation protecting trade secrets and other confidential business information?
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34.
Is there any legislation protecting employee privacy or personnel data? If so, what are an employer’s obligations under the legislation?
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35.
Is there any legislation to protect employees in the event of a business transfer?
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36.
May an employer dismiss an employee for any reason or must there be ‘cause’? How is cause defined under the applicable statute or regulation?
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37.
Must notice of termination be given prior to dismissal? May an employer provide pay in lieu of notice?
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38.
In which circumstances may an employer dismiss an employee without notice or payment in lieu of notice?
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39.
Is there any legislation establishing the right to severance pay upon termination of employment? How is severance pay calculated?
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40.
Are there any procedural requirements for dismissing an employee?
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41.
In what circumstances are employees protected from dismissal?
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42.
Are there special rules for mass terminations or collective dismissals?
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43.
Are class or collective actions allowed or may employees only assert labour and employment claims on an individual basis?
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44.
Does the law in your jurisdiction allow employers to impose a mandatory retirement age? If so, at what age and under what limitations?
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45.
May the parties agree to private arbitration of employment disputes?
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46.
May an employee agree to waive statutory and contractual rights to potential employment claims?
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47.
What are the limitation periods for bringing employment claims?
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Updates and trends
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Hong Kong
32/F Harbour Centre25 Harbour Road
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Hong Kong T: +852 2522 9183
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