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Hong Kong Employment Law: A Practical Guide, 5th Edition

Hong Kong Employment Law: A Practical Guide, 5th Edition

  • Author:
  • Publisher: Wolters Kluwer (HK) (formerly CCH)
  • ISBN: 9789887741213
  • Published In: December 2017
  • Format: Paperback , 740 pages
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,500.00

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  • Description 
  • Contents 
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    Hong Kong Employment Law is a practical guide to the legal aspects impacting employers and employees in Hong Kong. Written by Pattie Walsh, Jeannette Tam and Stephanie Wong from Bird & Bird's International Employment Practice, this book also features contributions from other lawyers within Bird & Bird’s Hong Kong office. This fifth edition continues to take a broad view of the employment law environment and aims to provide practical solutions for the many challenges that Hong Kong employment law poses.

    Following the fourth edition in 2011, this latest edition brings readers up-to-date with the legislative changes and new case law. In addition to the legal commentary it also includes:

    • Short "key practical takeaways" at the beginning of each chapter;
    • New chapters on Change of Ownership and Employee Incentive Schemes;
    • An analysis of the relevant impact of new legislation including the Contracts (Rights of Third Parties) Ordinance, the Competition Ordinance and the amendments to the Sex Discrimination Ordinance and Employment Ordinance; and
    • A review of critical case law developments including:
      • the implied duty of trust and confidence and how it relates to taking decisions to terminate;
      • whether or not a discretionary bonus is payable; and
      • the extension of Hong Kong law to individuals subject to non-Hong Kong contracts.

    Readers will find Hong Kong Employment Law easy to read and it will assist in-house lawyers, human resources professionals and those making business decisions in getting to grips with employment issues in Hong Kong.

    1. THE LEGAL SYSTEM IN HONG KONG
    2. AN OVERVIEW OF THE EMPLOYMENT ORDINANCE
    3. THE EMPLOYMENT CONTRACT
    4. WHO IS AN EMPLOYEE?
    5. BEGINNING THE EMPLOYMENT RELATIONSHIP
    6. IMMIGRATION
    7. CROSS-BORDER EMPLOYMENT
    8. EMPLOYING CHILDREN AND YOUNG PERSONS
    9. REMUNERATION
    10. BENEFITS AND ENTITLEMENTS
    11. EMPLOYEE INCENTIVE SCHEMES
    12. GENERAL TAXATION ISSUES FROM AN EMPLOYMENT PERSPECTIVE
    13. MANAGING STAFF DURING THE EMPLOYMENT RELATIONSHIP
    14. EMPLOYEE’S COMPENSATION
    15. OCCUPATIONAL SAFETY AND HEALTH
    16. DISCRIMINATION
    17. PERSONAL DATA PRIVACY AT WORK
    18. INDUSTRIAL RELATIONS
    19. CHANGE OF BUSINESS OWNERSHIP AND ASSOCIATED COMPANY TRANSFER
    20. TERMINATION OF THE EMPLOYMENT CONTRACT
    21. MANAGING EMPLOYEE DEPARTURES
    22. RETIREMENT
    23. REDUNDANCIES AND LAY OFFS
    24. LONG SERVICE PAYMENTS
    25. POST-EMPLOYMENT RESTRICTIONS
    26. LABOUR DISPUTES
  • PATTIE WALSH is a partner and co-head of Bird & Bird's Asia Pacific International Employment Practice. She is a dedicated employment law expert and is recognised as a leading Hong Kong lawyer by a number of respected guides, including the Asia Pacific Legal 500 and Chambers Asia and is also listed as an expert in the Guide to the World’s Leading Labour and Employment Lawyers.

    In addition to her LL.B, she holds an LL.M degree in Employment Law and Industrial Relation, and is qualified and has practised as both a barrister and a solicitor in England. Pattie left partnership in London in 2005 to come to Asia and she is an admitted Hong Kong solicitor. She is also an admitted and practising solicitor in New South Wales in Australia. With over 25 years’ dedicated employment law practice, Pattie is highly experienced in the various challenges that employers and employees face when determining their legal employment relationships. She uses her international experience to help employers navigate their way through the complex staffing arrangements of which Hong Kong is often a key element.

    Pattie writes extensively for legal and HR publications and is a regular contributor on topical issues to the South China Morning Post and to the local Hong Kong press. She is a regular platform speaker both locally and internationally on the labour law environment in Hong Kong, China and Asia and has conducted a number of radio and television interviews on topical employment law issues both in England and Hong Kong including for the BBC and Sky News.

    As always, these books are a team effort and previous editions would not have been completed without the efforts of Deborah Papworth who contributed to the first edition and Alison Hern who was a co-author for the second, third and fourth editions. The contribution of Bird & Bird's Dispute Resolution Team and Corporate Team have also been critical to the successful completion of this edition.

    On a personal note, Pattie would like to express her thanks for the on-going support of her husband, Tom, and her children, Barnaby and Tara. She remains cheerfully optimistic that this is the first edition they may actually read.

    JEANNETTE TAM is a senior managing associate in Bird & Bird's Asia Pacific Employment practice group, based in Hong Kong. Jeannette has seven years of dedicated employment experience. She completed her LL.B. from the University of Nottingham, UK in 2006, her LL.M. from Tsinghua University, PRC in 2007 and was admitted as a solicitor in Hong Kong in 2010. She specialises in advising on all aspects of day-to-day contentious and non-contentious employment and immigration issues across the Asia Pacific region, this includes advising on labour disputes, investigations, multi-jurisdictional projects regarding post-merger integration and corporate restructuring, strategic advice around terminations and discrimination claims and employment related data privacy issues. Jeannette uses her linguistic and cultural skills to service Hong Kong and international clients in native English and Cantonese and fluent Mandarin and brings an international focus to all elements of her practice. Jeannette speaks regularly at events both in-house with clients and externally and contributes to many legal and HR publications including Wolters Kluwer’s China Staff Magazine. She co-chairs with Pattie the Flexible/Agile Working Committee of Women in Law Hong Kong. Jeannette would like to thank her husband, Crispian for his support, patience and for being her sounding board and her parents and brother for their encouragement.

    STEPHANIE WONG is an associate in Bird & Bird's Employment practice group, based in Hong Kong. She was educated in Hong Kong and graduated from the University of Hong Kong with a Bachelor of Laws degree in 2012. She qualified as a solicitor in Hong Kong in 2015. She supports both international and domestic clients on a broad range of contentious and non-contentious employment law matters. This includes day-to-day employment advisory work on the full spectrum of the employment cycle, handling labour tribunal disputes and employee investigations, managing multi-jurisdictional employment law projects and reviewing and drafting various employment documentation such as contracts of employment, employee handbooks and policies. Stephanie wishes to thank her father, Raymond, her sister, Jessica and her fiancé Kenneth for their unfailing encouragement and support.

    RICHARD KEADY is a partner and head of Bird & Bird's Dispute Resolution Practice in Hong Kong and JENNIFER ZHUANG is a managing associate in Hong Kong in that practice. Richard and Jennifer were the brainpower behind the chapter on Labour Disputes and the enforcement aspects of the chapter on Post-Employment Restrictions.

    PADRAIG WALSH is a partner and in Bird & Bird's Corporate Practice. Padraig has written the entirely new chapter on Employment Incentive Scheme.

    ABOUT BIRD & BIRD has more than 1,200 lawyers and legal practitioners across a worldwide network of 28 offices. Bird & Bird specialises in delivering expertise across a full range of legal services. Specialisms include advising on commercial, corporate, EU and competition, intellectual property, dispute resolution, employment, finance and real estate matters.

    The key to Bird & Bird's success is its constantly evolving sector-focused approach. Clients build their businesses on technology and intangible assets, and operate in regulated markets. To better meet their needs Bird & Bird has developed deep industry understanding of key sectors, including aviation & defence, energy & utilities, financial services, food & beverage, healthcare, life sciences, media and sport.

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