Employment Disputes - Reinstatement of Employees
The Employment (Amendment) Bill 2017 , which was gazetted on 5th May, 2017,
includes provision for reinstatement of employees who have been unfairly
dismissed. The previous draft has been changed, however, to increase the
penalty on an employer for refusal to reinstate to HK$72,500.
Although the number of cases where employees seek reinstatement has been low in
the past, the increase in the penalty may provide more incentive for
employees to do so.
Same-sex Marriage
Hong Kong’s Court of First Instance has recognised same-sex marriage in a
narrowly defined case (but the Department of Justice is appealing the ruling).
In essence, the case applies to cases where the term “spouse” is used in
legislation without being defined so as to exclude same-sex
marriage (unlike Hong Kong’s Marriage Ordinance, which defines marriage as
being between non-same-sex partners, or the Inland Revenue Ordinance, which
refers to “husband and wife”).
However, the Equal Opportunity Commission’s Code of Practice against
Discrimination in Employment on the Ground of Sexual Orientation proposes good
practices in the workplace, including not discriminating on the basis of sexual
orientation.
Minimum Wage
As previously reported, the Statutory Minimum Wage rate has increased from
HK$32.5 per hour to HK$34.5 per hour with effect from 1st May 2017.
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Need more information?
Please contact:
John Barclay -Email
Teresa Tam - Email
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Primasia Corporate Services Limited
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