Deacons Employment & Pensions Newsletter - March 2015

Submitted by Firm:
Firm Contacts:
Cynthia Chung
Article Type:
Legal Update

New Immigration Requirements for Foreigners Entering China for Short-term Work Assignment, by Iris Cheng, Minning Wei

The Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Culture jointly issued a Notice on the Relevant Formalities for Foreigners Entering China for Completing Short-Term Work Assignment (for Trial Implementation) ("Notice") on 6 November 2014 which provides for new visa and residence requirements on foreigners entering and staying in China for work for no more than 90 days. The Notice has become effective since 1 January 2015. Full article »

Tadjudin Sunny vs. Bank of America, National Association - New Implied terms?, by Elsie Chan

A. Facts

The Plaintiff commenced her employment with the Defendant as an analyst at the level of vice president on 5 June 2000. The Plaintiff’s employment contract provided that either party might terminate the employment by giving a minimum of 1 month’s notice in writing or by making payment in lieu of notice. The contract also provided that the Plaintiff was eligible to be considered for a bonus under the Defendant’s performance incentive programme, subject to her being in employment with the bank at the time the Bank came to decide upon and pay bonuses under the programme. On 28 August 2007, the Defendant terminated the Plaintiff’s employment by giving her 1 month’s salary in lieu of notice, without any bonus or pro-rata bonus for 2007. Full article »

Does a hosting company have sufficient insurance protection in relation to seconding staff members?, by Elsie Chan

It is quite a common arrangement that an employee of an overseas parent company (the “Home Entity”) to be seconded to work for a group company in Hong Kong (the “Hosting Entity”) for a certain period of time. Full article »