Employment Law & Practice in Hong Kong is a comprehensive, current, and convenient employment law resource. The Third Edition captures the considerable developments in this area of law in the nine years since the previous edition, updated by a mostly new team of contributors comprising experienced barristers and solicitors.

• Recent enhancements to maternity and paternity rights and pay, including extended statutory leave and improved employee benefits.
• Expanded discrimination protections, with amendments to the Sex Discrimination, Disability Discrimination, Family Status Discrimination, and Race Discrimination Ordinances�now covering breastfeeding, protections against harassment in the workplace where there is no employment relationship, discrimination, and harassment on grounds of "imputation" and "association".
• Developments in implied terms within employment contracts, reflecting the latest judicial interpretations and practical applications.
• Chapter updated to address new and revised visa schemes, such as the Top Talent Pass Scheme and changes to professional admission routes, impacting recruitment and compliance for non-local employees.
• Judicial guidance on the enforceability of penalty and liquidated damages clauses in employment contracts, clarifying standards of reasonableness and proportionality.
• Updates on major case law concerning post-termination covenants, including duties of confidentiality and restrictions on competition, solicitation, dealing, and poaching.
• New guidance on employer compliance with the Personal Data (Privacy) Ordinance (PDPO), detailing obligations for handling employee data, consent, retention, and employee rights.

The IDS Employment Law Handbook ‘Discrimination at Work’ provides an authoritative and detailed overview of how the Equality Act 2010 applies in the workplace. This comprehensive guide clearly explains the key legal issues, including the scope of the ‘protected characteristics’ under the 2010 Act; the various types of discrimination that the Act prohibits; who is protected and who may be liable; the circumstances in which discrimination can arise before, during and after employment; and the remedies available to successful claimants. The 2022 edition of the Handbook has been updated to take account of key case law developments since the previous edition, as well as the post-Brexit status of EU law in the UK. Discrimination law has become a vast topic, with the capacity to affect every aspect of the employment relationship, and this Handbook is an essential tool in keeping up-to-date and fully informed.

The new edition of the IDS Employment Law Handbook, ‘Continuity of Employment’, sets out the statutory rules governing how continuity is calculated. The law in this area can be complex, particularly where a contract of employment ceases to exist between two periods of employment with the same employer or where employment is transferred between employers. However, the Handbook offers a clear and comprehensive examination of the statutory rules and explains the relevant legislation and pertinent case law in a logical and understandable way. It: sets out the general principles for computing a period of continuous employment and explains how these rules are applied in the ordinary case where an employee is employed for an unbroken period under a contract of employment deals with the situation where, despite a break in employment, the statutory rules provide for continuity to be preserved; for example, where the employee has been off sick or there has been a temporary cessation of work discusses those rare situations where a ‘break’ in employment does not sever continuity as such but nor does it count in computing a period of continuous service; for example, weeks where the employee was on strike considers continuity of employment where there has been a change of employer; for example, where there has been a transfer of a business or undertaking. This Handbook is an authoritative and indispensable guide to an important area of employment law that underpins many of the statutory employment protection rights available to employees.

Employment law and workers’ rights continue to evolve in China at an astonishing pace as new Amendments to China’s Employment Contract Law have just taken effect this past July 2013. The second edition of Employment Law in China is the prime resource for a comprehensive and analytical analysis of China’s evolving employment laws, their application in and out of China, and real-world impact on doing business in the second largest economy in the world. The second edition is completely overhauled and revised to take into consideration new national and local rules, including the latest and most up-to-date case laws and legal precedence. Areas examined and of considerable interest to both Legal Practitioners and Business Professionals include: (i) Stringent restrictions on use of agency or contingency workers; (ii) New penalties imposed upon employers for abusing labour dispatch arrangements; (iii) Advent of labour unions and works councils; (iv) Collective bargaining agreements; (v) Secondment of expat managers to China; (vi) Protection of trade secrets and enforcement of restrictive covenants; (vii) Transfer of employment in M & A situations; and very importantly (viii) New social insurance obligations for both Chinese and foreign employees. Practical and analytical commentary regarding the following are provided: • Key issues faced by businesses • The impact of the changes brought about by the amended Employment Contract Law • The essentials for successful business operations in China’s sensitive cultural landscape

The Hong Kong Employment Ordinances: Commentary and Annotation is an in-depth review and analysis of each section of these six key ordinances analysing key legislation, legal precedence and the guidelines set forth in them, for example the hiring and status of local and foreign employees, acceptable behavior in the workplace, protection from unjust termination, and more! The book provides a comprehensive guide and analysis in a simple and accessible collected volume. It provides immediate access to the latest legislation and judicial developments in regards to these ordinances with both academic and professional advice and analysis from our expert and experienced panel of annotators. Renowned author team of experienced practitioners and academics Michael Ramsden: Barrister-at-Law, Faculty of Law, Chinese University of Hong Kong Luke Marsh: Barrister-at-Law, Faculty of Law, Chinese University of Hong Kong Miriam France: Barrister-at-Law, Inner Temple Chambers (London) Farzana Aslam: member of the University of Hong Kong Law Faculty Susana Ng: Consultant, Allen & Overy Comprehensively covers the major Hong Kong Employment Ordinances: Cap. 57: Employment Ordinance Cap. 282: Employees Compensation Ordinance Cap. 380: Protection of Wages on Insolvency Ordinance Cap. 509: Occupational Safety and Health Ordinance Cap. 608: Minimum Wage Ordinance Cap. 25: Labour Tribunal Ordinance Every section of each Ordinance is thoroughly discussed with extensive use of a wide range of background materials Analysis is practical and supported with authorities, including Hong Kong precedents, cases from other jurisdictions and/or international conventions. Background materials include: background papers, public commentaries, debate notes and much more!

The Employment Ordinance is the most important enactment in Hong Kong dealing with labour and employment conditions and terms of service. The Ordinance provides a basic floor of protections, benefits and entitlements. All employees, regardless of the length of service, qualify for the basic entitlements and protections under the Ordinance. The Hong Kong Employment Ordinance provides a thorough analysis of the Ordinance with detailed commentary for each section. It presents a real-world approach in examining, understanding and applying the Ordinance in practice. The analysis and commentary are authoritatively supported with Hong Kong precedents, policy reasons, and cases from other jurisdictions and/or international conventions. The Hong Kong Employment Ordinance is an indispensable reference and guide for anyone who requires an understanding and insight on applications of the Employment Ordinance. Renowned author team of experienced practitioners and academics Michael Ramsden, Barrister-at-Law, Faculty of Law, Chinese University of Hong Kong Luke Marsh, Barrister-at-Law, Faculty of Law, Chinese University of Hong Kong Farzana Aslam, Director at Kintillo Employment Consultants, member of the University of Hong Kong Law Faculty Provides a thorough analysis of the Employment Ordinance Includes detailed commentary for each section of the Ordinance Presents a real-world approach to exploring, understanding and applying the Ordinance The analysis and commentary provided is supported with authoritative sources including: Hong Kong precedents, policy reasons, and cases from other jurisdictions and/or international conventions Includes explanations with regard to the practical application of the relevant sections of the Ordinance as applied in practice

In the relatively short period since their coming into force, the anti-discrimination ordinances (SDO, DDO, FSDO and the recent RDO in 2008) have seen companies in Hong Kong revise their human resources policies, provide internal grievance mechanisms and recognise the legal rights of their employees to work in an environment free of discrimination and harassment. This has required expenditure of resources on developing policies and practices to ensure compliance with the requirements of the ordinances and to reduce the risk of legal liability. However, a large proportion of Hong Kong Employers still do not have a written anti-discrimination policy. Bearing this in mind, the potential liability of Employers for acts upon their Employees as well as the increasing number of claims being brought under the anti-discrimination ordinances, here is a situation which we can well anticipate rapid change over the coming years. This publication will define what acts are considered discriminatory and what acts are not. Author team of highly experienced practitioners Duncan Abate – a renowned attorney highly knowledgeable in the area of employment law Hong Tran - Leading AsiaLaw Labour & Employment Lawyer Unrivaled, up-to-date coverage From human rights to public law, no other text gives you more coverage including the new antidiscrimination law Practical advice and guidance Discusses practical issues as well as incorporating relevant and fairly recent Hong Kong legislation in regards to discrimination Provides a technical approach to exploring and analyzing legal arguments