Gall Recognised in Legal 500 Asia Pacific’s 2022 Directory
Legal 500 has published its Asia Pacific 2022 guide and Gall is ranked as a Leading Firm for Litigation (Band 4), Labour & Employment (Band 4) and Restructuring & Insolvency (Band 5).
Felda Yeung Write Article on Employee Misconduct for Human Resources Online
Employee misconduct can take many different forms, be it financial, regulatory, harassment, discrimination, or breaches of company policies. Allegations and complaints regarding misconduct or the discovery of incidences of misconduct may come from a variety of sources and functions, ranging from routine compliance checks to external sources, whistleblowers or even regulatory dawn raids.
When and How to Terminate an Employee in Hong Kong
Under Hong Kong employment law, governed primarily by the Employment Ordinance (“EO”) (Cap. 57), both the employer and the employee, have the right to terminate an employment contract by giving the other party due notice or payment in lieu of notice and with or without cause, subject to certain restrictions which are discussed below.Although dismissing tends to be relatively easy in Hong Kong compared to other jurisdictions such as mainland China, the UK or the US, employers should ensure that they adhere to the relevant statutory requirements and any specific contractual provisions. They should also remain mindful of the implied obligation of mutual trust and confidence where possible, so as not to seriously damage the relationship between the parties. This guide outlines the legal considerations and proper procedures for employers to consider when terminating employees.
Isolation Arrangements Involving Covid-Positive Children Returning to Hong Kong
With an increasing number of parents traveling overseas to bring children back to Hong Kong for Christmas, questions have arisen regarding what happens if a child (or adult) tests positive upon their return and whether the family will be split up.
Gall Writes Article on Employee Wellness for BritCham’s Magazine
Matthew Durham and Kritika Sethia have written an article on employee wellness in the workplace for BritCham’s magazine where they explore the WHO’s definition of health and how Hong Kong lacks a comprehensive or holistic legal framework to address mental health issues in the workplace. They also provide practical steps and initiatives for employers to promote mental wellness.
Hong Kong Government Updates Discharge Criteria for Confirmed COVID-19 Patients: What Does This Mean for Employers?
The Hong Kong Government announced that effective from 27 October 2021, the discharge criteria for confirmed Covid-19 patients will be tightened. They have taken the position that patients who have recovered from the virus may still be carriers for approximately 14 days. Accordingly, to prevent the spread of the virus, after being discharged from hospital, patients will be subject to a further 14 day period of isolation and health monitoring in a government isolation facility (North Lantau Hospital Hong Kong Infection Control Centre).
Working from Home (WFH)
Employees working from home (WFH) for certain periods of time has become a common reality. Here are three things you may not have known about WFH.
Felda Yeung Speak at Seminar Co-Hosted with Alvarez & Marsal on Employee Misconduct
On September 1st, 2021, Matthew Durham and Felda Yeung spoke on a panel alongside Davin Teo, Managing Director of Alvarez & Marsal’s Disputes & Investigations Practice in Hong Kong, about employee misconduct and internal investigations at the workplace. Employee misconduct can take many forms, but whether this involves fraud, corruption, data/IP theft or harassment, planning and implementing the investigation with the help of experts is crucial.
Employer’s Guide: Reimbursement of Maternity Leave Pay Scheme
The Employment Ordinance, Cap. 57 was amended with effect from 11 December 2020 to increase statutory maternity leave from 10 weeks to 14 weeks. Once the maternity leave pay (“MLP”) for the entire period is paid, employers are entitled to apply for reimbursement capped at HKD80,000 for the MLP corresponding to the 11th to 14th weeks under the Reimbursement of the Maternity Leave Pay Scheme (the “RMLP Scheme”). The RMLP Scheme announced by the Labour Department is now open for application.
Gall Publishes Hong Kong Employment Law Handbook
The employment team at Gall are pleased to share their new "Hong Kong Employment Law Handbook - Covid-19 Edition" which addresses your most asked queries including those relating to working from home (WFH), working from abroad, unpaid leave and annual leave, redundancies and restructurings, as well as occupational health and safety.
