Employment Law and Practice in Hong Kong, 2nd Edition

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Employment Law and Practice in Hong Kong, 2nd Edition

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Essential legal content for everyone who wants to stay current with all Hong Kong Employment Law related matters, this Second Edition of Employment Law & Practice in Hong Kong brings you up to date on the developments of the past six years on the practice of law and jurisprudence. It also features expanded coverage of a number of areas, including: post-termination restrictive covenants and numerous case law developments in workplace discrimination.

A string of ground-breaking Court of Final Appeal decisions in a number of important areas, including:

(i) Trade union discrimination protections and an expanded interpretation of Employment Ordinance s 21B “activities of a trade union” (Blakeney-Williams v Cathay Pacific Airways, 2012);

(ii) Restrictions on multiple concurrent employers (Chung Yuen Yee v Sam Woo Bore Pile Foundation, 2013);

(iii) Reach of the Employment Ordinance’s statutory annual leave provisions (Kwan Siu Wa Becky v Cathay Pacific Airways Ltd, 2012);

(iv) The extension of a contractor’s duty of care to subcontractor’s employees (Luen Hing Fat Coating & Finishing Factory Ltd v Waan Chuen Ming,2011); and

(v) Damages awards for failure to conduct contractually entitled disciplinary hearings (Blakeney-Williams v Cathay Pacific Airways, 2012)

Important statutory developments examined in this edition including:

(i) The introduction of the Minimum Wage Ordinance (2010);

(ii) Criminalization of the failure to pay awards made by the Labour Tribunal and Minor Employment Claims Adjudication Board (2010);

(iii) Expansion of the scope of the Protection of Wages on Insolvency Fund (2012); and

(iv) The introduction of paternity leave and paternity leave pay (2015)
Chapt.1: Introduction

Chapt.2: The Employment Relationship

Chapt.3: Contract of Employment

Chapt.4: Remuneration and Benefits

Chapt.5: Leave Entitlement

Chapt.6: Termination of Employment

Chapt.7: Employment Protection, Remedies and Entitlements upon Termination

Chapt.8: Discrimination

Chapt.9: Health and Safety at Work I — the Safety Legislation Regime, the Enforcement and Penalties

Chapt.10: Health and Safety at Work II — Civil Liabilities

Chapt.11: Health and Safety at Work III — Statutory Compensation for Work-related Death and Disease

Chapt.12: Personal Data Privacy at Work

Chapt.13: Cross-Border Employment

Chapt.14: Change of Ownership

Chapt.15: Government Employment Contracts

Chapt.16: Trade Unions

Chapt.17: Dispute Resolution

Chapt.18: Minimum Wage
General Editiors: Rick Glofcheski, Farzana Aslam