Deacons Employment & Pensions Newsletter, September 2016

By: Cynthia Chung and Elsie Chan

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

New Guidance Note regarding Proper Handling of Data Access Request and Charging of Data Access Request Fee by Data Users

Elsie Chan

Under the Personal Data (Privacy) Ordinance (the “PDPO”), a data subject has a right to make a “data access request” (“DAR”) to ascertain whether a data user holds his personal data and if so, to request for a copy of the data. Failure to handle a DAR in accordance with the PDPO without reasonable excuse may constitute an offence.

The Privacy Commissioner for Personal Data (the “Commissioner”) has issued a new guidance note regarding the proper handling of a DAR and the charges for a DAR.  Full article »

England and Wales Court of Appeal upholds finding of implied contract between group companies in the context of secondment arrangement

Elsie Chan

It is very common for group companies to arrange a company within the group to be the employing entity of all the staff members within the group. The England & Wales Court of Appeal held that a contract would be implied in an intra-group arrangement where the employing entity seconded employees to another group company.  Full article »

Court finds employee deemed to have retired under the employment contract

Cynthia Chung and Gladys Ching

In Hong Kong, there is no statutory retirement age but often an employer would still agree on a retirement age with the employee in the employment contract. In a recent case, the court considered the effect of a retirement age clause in the employment contract in connection with a purported resignation by the employee.  Full article »

New School Year Has Just Started!

Elsie Chan

The new school year has just started in September, and all students are heading to another fruitful school year. It also symbolises a brand new start for the Equal Opportunities Commission in its work in promoting equal educational opportunities for ethnic minorities in Hong Kong as it has launched a new booklet for school administrators and staff as well as parents, titled “Promotion of Racial Integration and Prevention of Racial Discrimination in Schools”. The EOC has launched this booklet to educate schools on the requirements of the Race Discrimination Ordinance and to provide practical guidelines on preventing violation of the law and promoting an integrated and inclusive school environment.

Do you know…

Elsie Chan

According to the survey released by the Equal Opportunities Commission in 2016, one in five pregnant women working for small businesses (with staff members less than 50) encounters pregnancy discrimination. 22 percent of the pregnant employees interviewed by the EOC said they were treated unfavorably most notably not being granted sick leave for prenatal check-ups, and impolite treatment by the employer or colleagues due to their pregnancy. The situation is worse for service workers, skilled and manual workers, and those in the restaurant and hotel industry. About 80 percent of respondents returned to their original positions as working mothers, while 16 percent said they did not due to reasons related to their employers. According to the EOC, there were 1,435 complaints regarding sex discrimination received from 2010 to 2015, with 42 percent (600) being employment-related regarding pregnancy discrimination. In order to avoid any claims from the employees for pregnancy discrimination, employers should ensure that they have a policy in place disallowing discrimination on all unlawful grounds, and to ensure that the employees are fully aware of such policy and receiving training in this regard.