Last month, the Legislative Council Panel on Manpower reviewed
and discussed a briefing paper submitted by the Labour and Welfare
Bureau of the Labour Department. The paper proposes amendments to
the Employment Ordinance which currently requires Labour Tribunal
orders for re-instatement or re-engagement of an employee to be
made with the consent of both parties. The proposal is that this
consent requirement on the employer's part be removed. If
passed, employees' protection against trade union related
employment bias would be increased. However, it is uncertain at
this point whether the proposed bill will in fact be
Historically, an employee may not be lawfully terminated for
participating in trade union activities. Unlawful termination gives
rise to potential claims for unreasonable and unlawful termination
against the employer. Unless the employer is able to show a valid
(i.e., not trade union related and otherwise lawful) reason for
termination, a Labour Tribunal can order re-instatement or
re-engagement of the employee with the consent of both employer and
employee. Alternatively, where no order for re-instatement or
re-engagement is made, the Tribunal can require the employer to pay
the employee terminal payments and/or compensation up to a maximum
of HK$150,000. The anticipated bill proposes to empower the Labour
Tribunal to make a compulsory order for re-instatement or
re-engagement without first needing to obtain the consent of the
employer provided the Tribunal considers such an order to be
appropriate and compliance by the employer is reasonably
Mayer Brown is a global legal services organization
comprising legal practices that are separate entities (the Mayer
Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a
limited liability partnership established in the United States;
Mayer Brown International LLP, a limited liability partnership
incorporated in England and Wales; Mayer Brown JSM, a Hong Kong
partnership, and its associated entities in Asia; and Tauil &
Chequer Advogados, a Brazilian law partnership with which Mayer
Brown is associated. "Mayer Brown" and the Mayer Brown
logo are the trademarks of the Mayer Brown Practices in their
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
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
On 1 January 2017 the Financial Services Rule Book 2016 comes into operation. With this will be the requirement on all Isle of Man licence holders to establish, implement and maintain an effective whistleblowing policy.
The Ministry of Human Resources has recently issued a string of new ministerial resolutions and decrees designed to address gaps in the employment regulatory framework and reinforce existing legislation...
In April 2016, the Hong Kong Privacy Commissioner for Personal Data issued a Revised Code of Practice on Human Resource Management and new Guidelines on Monitoring and Personal Data Privacy at Work...
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).