Employment & Visa Application
Our Experiences
- Advise on and drafting employment contracts, termination agreements, post termination restrictions
- Advise on the respective rights of expatriates and local employees who work in HK and the employers on issues like redundancy or laid off, resignations, unreasonable or unlawful dismissal, severance payments and long service payments, wage, bonus/ commission disputes, restrictive covenants, termination, maternity leave or other holiday entitlement, and discrimination claims, etc
- Advise on human resources management to reduce the risks of employment disputes and claims
- Handle labour claims and employees' compensation claims
- Defend employer or employee in suspected offences under the Employment Ordinance
- Handle employment/ investment or dependant visa applications for entry to HK
Under What Circumstances Can Employer deduct Employee's Wages ?
For absence from work: Employer can deduct wages for a sum which is proportionate to the period of time the employee is absent from work.
For damage or loss to employer’s goods or equipment: Employer can, in any one case, deduct a sum equivalent to the value of the damage or loss but not more than HK$300. The total deductions shall not exceed one quarter of the wages payable to the employee in that wage period.
Is an employer required to pay BOTH severance payment and long service payment to an employee who has over 5 years of service upon redundancy?
No, such employee is eligible for severance payment but NOT long service payment.
What Items are regarded as Wages under the Employment Ordinance ?
According to the Employment Ordinance, the following items are NOT wages:
1) The value of any accommodation, education, food, fuel, water, light or medical care provided by Employer;
2) Employer’s contribution to any retirement scheme;
3) Commission, attendance allowance or attendance bonus which is of a gratuitous nature or is payable only at the employer’s discretion;
4) Non-recurrent travelling allowance or the value of any travelling concession or travelling allowance for actual expenses incurred by the employment;
5) Any sum payable to the employee to defray special expenses incurred by him by the nature of his employment;
6) End of year payment, or annual bonus which is of a gratuitous nature or is payable only at the employer’s discretion; and
7) Gratuity payable on completion or termination of a contract of employment.
What are the general immigration guidelines for entry to HK ?
In general, unless a person has the right of abode or right to land in the HKSAR, he/she requires a visa/entry permit to work, study, establish or join in any business, take up residence or to stay in the HKSAR as a visitor longer than the allowed visa free period.
An applicant should meet normal immigration requirements, E.g. holding valid travel document with adequate returnability to country of residence or citizenship; has clear criminal record and raise no security or criminal concerns to HK; no likelihood of becoming a burden on the HKSAR. Each application is determined on its individual merits, and the eligibility criteria may be subject to change from time to time.
