Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Hiring and firing law in Quarry Bay, Hong Kong, is primarily governed by the Employment Ordinance. This law regulates all aspects related to employment in Hong Kong, including hiring and firing procedures. It protects the rights of the employees while also acknowledging the employer's need to maintain efficient business operations. The ordinance covers aspects such as remuneration, working hours, leave, termination rights, and redundancy. Non-compliance with this ordinance by either employer or employee can result in penalties.
Confronting issues related to hiring and firing can be tricky. Employers may need a lawyer to ensure they follow the correct procedures when hiring new employees, terminating employment, making redundancies, or resolving disputes. Employees might seek legal help when they believe their rights have been violated, for instance in cases of unjust dismissal, discrimination during the hiring process, or unpaid wages and benefits. A lawyer can provide advice, represent your interests, and help navigate the complexities and nuances of the local employment law.
The Employment Ordinance is the main statutory instrument providing employment protection in Hong Kong. The Ordinance sets out the obligations and rights of both employers and employees. Notably, it specifies the permitted reasons for dismissal or termination, notice periods, severance payment terms, protections against discrimination, and the rules on hiring foreign workers. It mandates that all employment agreements must be in writing and stipulates that the employment contract cannot provide less favorable terms than those stipulated in the Ordinance.
Employees can be legally terminated for reasons such as misconduct, poor performance, breach of employment contract, redundancy, and bankruptcy of the employer. However, the employer must follow the procedures and notice periods laid out in the Employment Ordinance.
Unless otherwise stated in the employment contract, the notice period is at least one month under the Employment Ordinance. The notice period can be waived if the employer pays wages in lieu of notice.
If the employer needs to make redundancies due to business reasons, they must follow fair procedures and pay severance payment to those being made redundant, as stipulated in the Employment Ordinance.
No, it is against the law in Hong Kong to discriminate against any potential job candidate due to their race, gender, disability, family status or pregnancy. Any such discriminatory act is punishable under the Equal Opportunities Act.
Yes, the Employment Ordinance applies to all employees in Hong Kong, regardless of their nationality or residency status.
The Hong Kong Labour Department is an excellent resource for advice about hiring and firing laws. Other resources include the Labour Relations Division and the Equal Opportunities Commission which aim to promote equal opportunities and handle complaints involving discriminatory practices.
If you are seeking legal advice related to hiring and firing, contacting a local law firm with expertise in employment law is typically the first step. Be prepared to provide all relevant details about your case to help the attorney understand your situation. Remember, it's important to act promptly, especially if you've recently been dismissed, as some legal actions may be subject to time limits.
