Best Hiring & Firing Lawyers in Causeway Bay

About Hiring & Firing Law in Causeway Bay, Hong Kong

Hiring and firing employees in Causeway Bay, Hong Kong, is governed primarily by the Employment Ordinance (Cap. 57) and relevant anti-discrimination laws. As a bustling commercial and retail hub, Causeway Bay has a wide range of businesses from retail shops to offices, all subject to the same legal framework as elsewhere in Hong Kong. Both employers and employees benefit from statutory rights and obligations, which cover employment terms, termination procedures, severance, and remedies for wrongful dismissal.

Why You May Need a Lawyer

Seeking legal advice on hiring and firing matters in Causeway Bay can be critical for several reasons. Employers may need guidance to draft compliant employment contracts, ensure fair recruitment practices, avoid discrimination, and handle performance management or disciplinary proceedings. Employees may require help if they suspect unfair dismissal, have concerns over severance pay calculation, or face workplace harassment. Common situations needing legal assistance include:

• Unclear or disputed employment terms
• Potential wrongful or unfair dismissal
• Handling redundancies or restructuring exercises
• Workplace discrimination or harassment claims
• Termination without sufficient notice or compensation
• Contract disputes regarding bonuses or benefits

Local Laws Overview

The Employment Ordinance is the principal legislation regulating employment matters in Hong Kong, including in Causeway Bay. Key aspects include:

• Employment contracts must specify terms such as remuneration, working hours, overtime, and notice periods.
• Termination can be initiated by employer or employee, with statutory notice or payment in lieu of notice.
• Certain terminations are prohibited, such as those related to pregnancy, maternity leave, or trade union activities.
• Employers must pay termination payments, such as outstanding wages, untaken annual leave, and in qualifying cases, severance or long service payments.
• The law prohibits discrimination on grounds such as sex, disability, family status, or race.
• Specific procedures apply for addressing grievances or disputes, with remedies available through the Labour Department or civil courts.

Frequently Asked Questions

What is required in an employment contract in Causeway Bay?

An employment contract should state job title, duties, wage, payment period, working hours, annual leave, notice period for termination, and provisions for benefits. Contracts may be written or oral, but written contracts are strongly recommended.

Can my employer terminate me without cause in Causeway Bay?

Yes, unless you are on a fixed-term contract or protected by special circumstances. However, statutory notice or payment in lieu is required, and termination must not be due to prohibited reasons, such as pregnancy or trade union activities.

What compensation am I entitled to if I am fired?

You may be entitled to outstanding wages, accrued annual leave, payment in lieu of notice, end-of-year payment, and in some cases, severance or long service payment depending on your length of service and reason for dismissal.

Can an employer dismiss someone immediately?

Yes, but only for sufficient cause such as gross misconduct, willful disobedience, fraud or dishonesty. Otherwise, statutory notice or payment in lieu must be provided.

What are common grounds for unfair dismissal?

Dismissal related to pregnancy, maternity leave, work-related injury, or union membership may be considered unfair or unlawful under the Employment Ordinance.

Are there special protections for pregnant employees?

Yes. It is unlawful to dismiss a pregnant employee from the date she gives notice of pregnancy to maternity leave end, except for summary dismissal due to serious misconduct.

How do I claim if I believe I was wrongfully dismissed?

Begin by lodging a claim with the Labour Department’s Minor Employment Claims Adjudication Board or Labour Tribunal, and consider seeking legal representation for guidance through the process.

Are there rules about discrimination when hiring or firing?

Yes. Under Hong Kong’s anti-discrimination ordinances, hiring and firing decisions cannot be based on race, sex, disability, or family status.

What is the minimum notice period for termination?

The minimum notice period is seven days unless a longer period is agreed in writing. Payment in lieu of notice is also allowed.

What rights do employees have in redundancy or restructuring?

Affected employees may be entitled to severance pay if they have been employed for at least 24 months and are dismissed due to redundancy. Proper procedures must be followed, and employees should receive all legally required payments.

Additional Resources

For further guidance and support with hiring and firing matters in Causeway Bay, the following resources can be helpful:

• Hong Kong Labour Department - Provides information, complaint channels, and mediation services
• Equal Opportunities Commission - Handles discrimination complaints and offers public education programs
• Labour Tribunal - Adjudicates employment-related claims for both employers and employees
• Legal Aid Department - Offers legal assistance for those who qualify financially
• Hong Kong Bar Association & Law Society of Hong Kong - Source of qualified employment lawyers

Next Steps

If you need legal assistance regarding hiring or firing in Causeway Bay, begin by gathering all relevant documentation, such as contracts, termination letters, and pay records. Contact the Labour Department for preliminary advice or mediation. If the matter appears complex, involves discrimination, or is not resolvable through direct communication, consult a qualified employment lawyer with experience in Hong Kong’s legal framework. Many law firms offer an initial consultation to assess the situation and propose clear steps forward. Timely action ensures better protection of your rights, whether you are an employer or employee.