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Deacons
/ Articles / Top 10 Questions Employers Should Ask When Hiring and Firing in Hong Kong
News & Publications
02/22/2012
Top 10 Questions Employers Should Ask When Hiring and Firing in Hong Kong
By: Cynthia Chung
Submitted by Firm:
Deacons
Firm Contacts:
Cynthia Chung
Article Type:
Legal Article
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HIRING IN HONG KONG:
Does the employee have a right to work in Hong Kong or does the employee need a
work visa
?
Is the employment offer subject to any
condition precedent
(e.g., satisfactory reference check, obtaining the necessary qualification)?
Is the
recruitment screening
and decision-making process
fair and free from challenge of discrimination?
Is the employee
free from restrictive covenants
to take up the job?
Is the
personal data
of the candidate/employee collected or dealt with in accordance with Hong Kong law?
Does the employee need to be a member of the
mandatory provident fund (MPF)
in Hong Kong or is the employee exempt?
Does the remuneration of the employee meet the
statutory minimum wage
requirement? Are rest days/lunch breaks paid or not?
Is the employee entitled to all the
statutory required benefits
granted under Hong Kong law (e.g., employees' compensation insurance, statutory annual leave, statutory holiday, rest day etc)?
Is
mandatory safety training or medical checkup
required for the employee’s position?
Have all the legal requirements with respect to
occupational safety and health
been complied with?
FIRING IN HONG KONG:
Does the employer have a
valid reason
for the termination?
Does the employer have
sufficient evidence
to terminate the employment of an employee on the alleged ground?
Is the employee pregnant, on maternity or paid sick leave, or receiving employee's compensation (in which case it is
unlawful to terminate
the employee)?
Is the termination free from challenge that one of the grounds of termination was sex, disability, family status, or race
discrimination
?
What
termination payments
(e.g., outstanding wages, payment in lieu of notice, annual leave pay, severance or long service payments) will the employee be entitled to?
Will/can the
restrictive covenants
be enforced?
Any special treatment required with respect to any
unvested share options
or other benefits after termination of employment (e.g., MPF)?
Will the employer pay an ex-gratia payment in return for the employee entering into a
settlement agreement
in full and final settlement of all claims that the employee has or may have?
Has the requisite notification been made to the
Inland Revenue Department
informing the authority regarding the relevant termination payments and the final payment withheld where required?
Has the
Immigration Department
been informed regarding the termination of employment in the circumstances that the employee is under a work visa?
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