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Kowloon, Hong Kong Attorneys in related practice areas.
Employment & Labor Law in Kowloon, much like the rest of Hong Kong, governs the rights, obligations, and legal framework that rule relationships between employees and employers. These laws strike a balance between the operational needs of employers and the protection of employees' rights. Employment provisions are primarily found in the Employment Ordinance, an all-encompassing legislation covering wages, leaves, work hours, safety, and termination rights.
In situations such as dispute over termination, wage discrepancies, discrimination, or unfair treatment, you may require legal assistance for resolution. An Employment & Labor lawyer can interpret laws and regulations, provide legal advice, handle disputes and negotiate settlements on your behalf. Furthermore, in cases of drafting or reviewing employment contracts to ensure your rights are protected, a lawyer's expertise is beneficial.
Key aspects of the Employment Ordinance relevant to employment & labor law in Kowloon include wage payment terms, restrictions on wage deductions, provisions for rest days, statutory holidays and paid annual leave. It also sets forth guidelines on working hours, rules for dismissal and protection against anti-union discrimination. There are also special rules for pregnant women and young persons.
The basic rights include receiving a wage, having rest days and statutory holidays, and being entitled to paid annual leave. Employees are also protected against anti-union discrimination and unjust termination.
An employee can be dismissed for reasons such as misconduct, inability to do the job or redundancy. It can't be for unfair reasons such as pregnancy or trade union membership.
Employers are obligated to pay severance payments to employees dismissed due to redundancy, given that the employee had worked for at least 24 months under a continuous contract.
Pregnant female employees are entitled to 10 weeks of maternity leave on four-fifths of their usual wages, provided they have been employed under a continuous contract for at least 40 weeks.
Young persons aged 15-17 have special provisions including limited work hours, compulsory rest days and holidays. They also require the consent of a parent or guardian to enter into a contract of employment.
The Labour Department of the Hong Kong Special Administrative Region Government provides ample resources and useful guidance on employment regulations and legislations. The International Labour Organization also provides relevant information and standards for work environment.
If you feel the need for legal assistance, seek out a lawyer specialized in employment & labor law. Before your consultation, gather all relevant documentation, such as employment contracts and correspondences. Remember, it’s important you understand your rights and responsibilities under the law.
