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Employer law in Happy Valley, Hong Kong primarily revolves around the Employment Ordinance. The law sets out the terms and conditions of employment and safeguards the rights of employers and employees in various workplace scenarios. This includes, but is not limited to, wages, working hours, rest days, annual leave, sick leave, and severance and long-service payments. Employers must be up-to-date with these laws to avoid penalties and disputes with employees.
In the complexity of business operations, consultations with a lawyer are often necessary to ensure employers are compliant with the law. Some common situations include crafting employment contracts, dealing with dismissals, managing allegations of workplace discrimination or unfair treatment, and navigating workplace injuries. A lawyer with a comprehensive understanding of local employment laws can provide indispensable advice during these times and guide an employer through potential legal pitfalls.
The key aspects of local laws relevant to employers in Happy Valley include compliance with the Minimum Wage Ordinance, adherence to maximum working hours and overtime pay regulations, providing statutory benefits like maternity and paternity leave, and respecting anti-discrimination laws. Employers must also understand the procedures for legal termination and redundancy to avoid wrongful dismissal claims. The laws also provide for the wellbeing and safety of employees, insisting that employers take all necessary precautions for maintaining a safe and healthy workplace environment.
The termination of an employee is considered wrongful if it is discriminatory in nature or in violation of the terms laid out in the employment contract.
As of May 1, 2021, the statutory minimum wage is HK$37.5 per hour.
An employer must provide a pregnant employee with ten weeks of paid maternity leave if she has been employed under a continuous contract.
Under the Employment Ordinance, employers cannot deduct wages for poor performance. Any deductions have to follow statutory guidelines.
Yes, under the Labour Department, employees who believe their rights have been violated can lodge complaints.
The Labour Department and its branches in various districts, including Happy Valley, provide resources and assistance on employment-related disputes. Another useful resource is The Legal Aid Department, which offers legal representation for eligible individuals in employment disputes. Independent legal clinics and lawyer referral services are additional support avenues for employers seeking legal advice.
If you need legal assistance, it’s advisable to get in touch with a lawyer well-versed in Hong Kong's employment law. Keep all relevant documents such as contracts, emails, and proof of salary payments handy, and note down a detailed account of your issue. Make sure to seek legal advice promptly to avoid potential complications.
