On 4 February 2020 Hong Kong reported its first fatality relating to Coronavirus Disease 2019 (COVID-19), which originated in Wuhan, China. COVID-19 has caused serious disruption to the Hong Kong economy and has had a considerable impact on the workforce. This article sets out some of the key issues that employers should consider in dealing with the outbreak, particularly with regard to discrimination, data privacy issues and employees' right to refuse work.
Since June 2019, Hong Kong has faced ongoing protest action. These protests were initially directed at the enactment of the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill, but their scope has subsequently expanded. This situation has created serious challenges for employers trying to manage and protect their employees. As these protests continue, employers must understand what they can and cannot do.
The General Data Protection Regulation (GDPR) came into effect in the European Union in 2018. At its core, the GDPR aims to give individuals more control over the way in which their personal data is collected, retained, managed and processed. Despite being an EU regulation, the GDPR's application extends to companies in Hong Kong and employers there should thus be aware of what they must do to comply with it.
The Court of Final Appeal recently handed down a landmark judgment in favour of the LGBT community. Employers are recommended to review their policies to ensure that they are in line with the principles laid down in the decision. In particular, employers should ensure that spousal employment benefits (eg, those set out in employment contracts) also apply to same-sex spouses, in addition to opposite-sex spouses.
In Hong Kong, an employment contract can be terminated by either the employer or the employee by giving the other party notice or making a payment in lieu of notice. A payment in lieu of notice is calculated by reference to the average daily wages earned by the employee in the 12 months preceding the day on which notice of termination is given. It is therefore important to understand what is meant by 'wages' under the Employment Ordinance.