Hong Kong Updates- Reinstatement of employees

Reinstatement of employees

If an employee has been dismissed unlawfully and without a valid reason, an employee cannot currently be reinstated without the employer’s consent, i.e. by order of the Labour Tribunal.The government has proposed (and the Labour Department is drafting) amendments to the Employment Ordinance which would mean that the Labour Tribunal will be able to make such an order without the employer's consent.

The Tribunal will have to consider (when deciding whether to make such an order) the relationship between the employee and the employer, the circumstances surrounding the dismissal, and whether the employer may face any genuine difficulties in complying with the order.

It will still be possible for the employer not to reinstate the employee, but penalties will apply, i.e. it will be more expensive (up to HK$50,000).

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