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Hiring employees in Hong Kong
The main legislative document that serves as employment law in Hong Kong is the Employment Ordinance. It governs the types of employment contracts that can be concluded between en employer and an employee in Hong Kong and it also covers issues like employment protection and benefits for employees.
Our Hong Kong lawyers can help you understand the provisions of the employment law and hire employees. The law applies equally for local and foreign employees and the rights and benefits apply to all individuals engaged in a work contract.
The employment contract in Hong Kong
An employment contract is an agreement signed between the employer and the employee which contains the basic conditions for employment. This agreement governs the relationship between the two parties, however if the terms of the agreement are less favorable for the employee, the provisions of the Employment Ordinance will prevail. As a business owner in Hong Kong you will need to provide employees with the minimum statutory entitlements.
The employment contract must contain basic information about the work conditions and the specifics of the employment. It will contain information about the wages, wage period, length of notice for contract termination, and the end of year payment (if any). The contract is usually concluded in writing and both parties receive a copy.
The Employment Ordinance protects employees against race discrimination, racial harassment, disability discrimination, sex discrimination or sexual harassment. If you are an employee in Hong Kong and have been discriminated and harassed, our lawyers in Hong Kong can help you.
Employee’s benefits and minimum entitlements
The Employment Ordinance establishes the minimum statutory entitlements for the employees, including: wages, rest days, paid holidays, paid annual leave, maternity leave, sickness benefits, pension and others.
According to law, employees in Hong Kong are entitled to a minimum of 7 to 14 days annual leave for each year of employment, calculated on the basis of seniority. The contractual entitlement to annual leave can depend on the nature of the job and the employee’s position. Female employees are entitled to maternity leave and certain conditions apply for paid maternity leave.
Individuals who wish to work in the city and are also interested in immigration in Hong Kong can reach out to our lawyers. A mandatory step for all types of employees (the ones applying for regular job positions for which they are qualified, as well as those who apply for special qualifications) is to obtain an entry permit for work purposes. This is renewed as needed, during the validity of the employment agreement, and provided that the individual remains employed. This can also be the case for those interested in immigration to HKSAR.
For more information about hiring employees in Hong Kong and the Employment Ordinance, you can contact our Hong Kong law firm. We are experienced in working with nationals as well as foreign employees and business owners.