Most Read Contributor in Hong Kong, September 2016
Keywords: CY Leung, policy address, employment,
benefits, pension law
Chief Executive Leung Chun-ying's maiden policy address on
16 January 2013 contained some important employment, benefits and
pensions law- and policy-related comments. The key items employers
need to be aware of are highlighted below:
Sexual Orientation: There will be no public
consultation to discuss whether anti-discrimination law is
necessary to protect people of different sexual orientation. The
Government does, however, remain open to receiving views.
Disability: The Government "will review
the Commissioner for Rehabilitation's duties, responsibilities
and ranking" to ensure Hong Kong's approach is consistent
with that of the United Nations Convention on the Rights of Persons
with Disabilities to which Hong Kong is a signatory.
Domestic Workers: The Employees Retraining
Levy imposed on employers of Foreign Domestic Helpers will be
formally abolished, effective 31 July 2013, having been suspended
since 2008. There is no mention of the new United Nations
Convention on Domestic Workers and whether that will be put to
public consultation or subject to legislative debate during
Paternity Leave: The Labour Advisory Board has
endorsed legislation providing 3 days of paid paternity leave at
80% of pay for male employees. Legislation is imminent. There is no
mention of alignment as regards the disparities between the civil
service and non-civil service paternity leave employment benefits.
There is also no mention of broader parenting leaves. (Please see
our legal update, "
LegCo to Discuss Paternity Leave Proposal", 24 January
Standard Working Hours: A Special Committee on
Standard Working Hours will be created by the Labour and Welfare
Bureau in the first quarter of 2013 to consider whether the
introduction of standard working hours is appropriate for Hong
Kong. This follows on from the Labour Department's November
2012 Report of the Policy Study on Standard Working Hours.
Pension Benefits: The recently re-instated
Commission on Poverty will conduct a review of social security and
Mediation: The Chief Executive noted that the
Government recently set up a Steering Committee on Mediation. This
follows on from the introduction of the Mediation Ordinance (Cap.
620) in June 2012. Mediation is being promoted as an increasingly
popular option to resolve employment-related, and other,
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This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein. Please also read the JSM legal publications
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