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In Kowloon, Hong Kong, employment laws are largely governed by the Employment Ordinance and the Employees' Compensation Ordinance. These laws set out the rights, duties and responsibilities of employers towards their employees, covering aspects such as wages, working hours, rest days, maternity leave, severance and termination. While these laws provide substantial protection for employees, they also require careful attention by employers to ensure compliance and avoid legal issues.
There are various situations where an employer in Kowloon might require the services of a legal expert. This may include scenarios such as drafting of employment contracts, handling employee terminations or redundancies, dealing with disputes related to wages or working conditions, handling lawsuits brought by employees, ensuring compliance with local employment laws, or seeking advice on employee rights and responsibilities. A lawyer can help protect an employer's interests and mitigate legal risks.
The primary laws affecting employment in Kowloon are set out in the Employment Ordinance and the Employees' Compensation Ordinance. The Employment Ordinance contains numerous provisions regarding payment of wages, restrictions on wage deductions, stipulations regarding rest days, statutory holidays, paid annual leave, sickness allowance, maternity protection, termination of employment contracts, and more. The Employees' Compensation Ordinance covers an employer's obligations and responsibilities for work-related injuries or death.
As of May 1, 2019, the Statutory Minimum Wage in Hong Kong is HK$37.5 per hour. Employers must ensure they comply with this minimum wage rate.
Hong Kong's Employment Ordinance requires employers to provide notice or payment in lieu of notice when terminating employees and specifies the minimum amounts to be paid.
The Employment Ordinance entitles female employees to a continuous period of 10 weeks' maternity leave if they have been employed under a continuous contract immediately before the commencement of scheduled maternity leave.
There are four key ordinances in Hong Kong that prohibit discrimination and harassment in the workplace: The Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance and Race Discrimination Ordinance.
The Employment Ordinance requires employers to pay severance or long-service payments to employees under certain conditions, and also mandates specific notification procedures for redundancies.
The Hong Kong Labour Department and the Equal Opportunities Commission are key statutory bodies offering valuable information and resources related to employment laws. Employers may also refer to publications and guidance notes issued by these bodies to better understand their legal obligations and rights.
If you as an employer in Kowloon need legal assistance, consider hiring a lawyer specializing in employment law. A legal expert can guide you through the complex local laws, ensure your practices are compliant, help you navigate disputes, and protect your business from legal risks. Don't wait until a problem arises – proactive legal advice can save time, money, and stress in the long run.
