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Top 10 Questions to ask when you Hire or Fire an Employee in Hong Kong.

9 January, 2012

 

Legal News & Analysis – Asia Pacific – Hong Kong – Labour & Employment

 

 

Hiring
 
1. Does the employee have a right to work in Hong Kong or does the employee need a work visa ?
 
2. Is the employment offer subject to any condition precedent (e.g. satisfactory reference check, obtaining the necessary qualification) ?
 
3. Is the recruitment screening and decision making process fair and free from challenge of discrimination ?
 
4. Is the employee free from restrictive covenants to take up the job ?
 
5. Is the personal data of the candidate/employee collected or dealt with in accordance with Hong Kong law ?
 
6. Does the employee need to be a member of the mandatory provident fund (MPF) in Hong Kong or is the employee exempt ?
 
7. Does the remuneration of the employee meet the statutory minimum wage requirement? Are rest days/ lunch breaks paid or not ?
 
8. 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) ?
 
9. Are mandatory safety training or medical checkup required for the position of the employee ?
 
10. Have all the legal requirements with respect to occupational safety and health been complied with ?
 
Firing
 
1. Does the employer have a valid reason for the termination ?
 
2. Does the employer have sufficient evidence to terminate the employment of an employee on the alleged ground ?
 
3. Is the employee pregnant, on maternity leave, on paid sick leave, or receiving employee's compensation in which case it is unlawful to terminate the employee ?
 
4. Is the termination free from challenge that one of the grounds of termination was sex, disability, family status or race discrimination ?
 
5. What termination payments (e.g. outstanding wages, payment in lieu of notice, annual leave pay, severance payment or long service payments) will the employee be entitled to ?
 
6. Will / can the restrictive covenants be enforced ?
 
7. Any special treatment required with respect to any unvested share options or other benefits after termination of employment (eg. MPF) ?
 
8. Will the employer pay an ex-gratia payment in return for the employee entering into settlement agreement in full and final settlement of all claims which the employee has or may have ?
 
9. 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 ?
 
10. Has the Immigration Department been informed regarding the termination of employment in the circumstances that the employee is under work visa?
 
 
 

 

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