In this Review, we provide a snapshot of the most significant developments in Hong Kong employment law throughout 2021, as well as an outlook for 2022 in respect of the likely changes.
Part One: Review of 2021
January 2021 Launch of the Greater Bay Area Youth Employment Scheme
The Hong Kong Government launched the Greater Bay Area Youth Employment Scheme (“Scheme”) on 8 January 2021.
The Scheme is aimed at encouraging enterprises with operations in the Greater Bay Area (“GBA”) to recruit Hong Kong university graduates to work in the Mainland cities of the GBA. The participating enterprises will be granted a monthly allowance of HK$10,000 for each eligible graduate engaged up to 18 months. The Scheme will provide 2000 places, with around 700 places designated for innovation and technology posts.
Employers in Hong Kong may consider participating in the Scheme and grasping the opportunities arising from the GBA development. Issues such as dual employment contracts, employment benefits and related tax issues may need to be considered.
January 2021 Stand-by days held not rest days
Requiring an employee to be on stand-by duty on a statutory rest day will disqualify the day as a rest day. In Breton Jean v HK Bellawings Jet Limited [2021] HKDC 46, the employee was a pilot with no fixed working day, and was required to be accessible on his work phone at all times except for annual leave. The District Court upheld the employee’s claim for rest day pay, considering that the...
In a 2017 piece in The New York Times, voting expert Ari Berman wrote, “The Voting Rights Act of 1965 outlawed tactics that prevented blacks, Hispanics and other minority groups from voting. But fo...