Overview of major changes made by the Government on employment, discrimination and privacy law

Major changes that have become effective in 2021 include:

• Starting from 1 April 2021, employers may now apply for reimbursement for the extended maternity leave period under the maternity leave pay scheme, subject to a cap of HK$80,000 for every employee.
• With effect from 19 June 2021, it will be unlawful for a person to harass a woman on the ground that she is breastfeeding by engaging in (1) unwelcome conduct in which a reasonable person would have anticipated that the breastfeeding woman would be offended, humiliated or intimidated or (2) conduct that creates a hostile or intimidating environment for the breastfeeding woman.
• Starting from 2 July 2021, the coverage of the Employees’ Compensation Ordinance (Cap. 282) has been extended to the situation where an employee sustains an injury or dies as a result of an accident when commuting to or from work, during the period of “extreme conditions” arising from a super typhoon or other natural disasters of a substantial scale.
• With effect from 8 October 2021, it will be a criminal offence for a person to disclose personal data in absence of the data subject’s consent, whether intentionally or recklessly.

Does an employer have to tell you why you are fired?

In Lam Siu Wai v Equal Opportunities Commission [2021] HKCU 4949, the Court of First Instance (“CFI”) made it clear that it is unnecessary for an employer to give any reason...

Read Full Story: https://www.lexology.com/library/detail.aspx?g=901daff3-2b81-4c7b-83a5-5b9276...