Ex-gratia payment definition

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Labour and employment—Hong Kong—Q&A guide

Labour and employment—Hong Kong—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Hong Kong published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Morgan, Lewis & Bockius LLP—Charles Mo; Justina Lam; Joanne Mok; Alice Lau 1. What are the main statutes and regulations relating to employment? Employment Ordinance The Employment Ordinance is the main statute governing employment law in Hong Kong. The Ordinance governs, among others: • employee protection; • employee benefits; • wage protection; • annual leave, sick leave and holidays; • maternity or paternity protection; and • severance and long-service payment. Minimum Wage Ordinance The Minimum Wage Ordinance establishes a statutory minimum wage regime. Employees' Compensation Ordinance The Employees' Compensation Ordinance regulates liability and compensation for injuries suffered during employment. Occupational Safety and Health Ordinance The health and safety protection of employees in general workplaces is governed by the Occupational Safety and Health Ordinance. Factories and Industrial Undertakings Ordinance The Factories and Industrial Undertakings Ordinance protects the health and safety of employees in certain industries: • factories; • construction sites; • catering establishments; • cargo and container handling undertakings; • repair workshops; and • other industrial workplaces. Labour Tribunal Ordinance The Labour Tribunal Ordinance establishes the Labour Tribunal's jurisdiction over breaches of employment or apprenticeship contracts performed in Hong Kong. The Labour Tribunal also has jurisdiction on contracts of employment partially or wholly performed outside of Hong Kong, where the governing law is Hong

Loss settlement clauses

Loss settlement clauses Reinsurance contracts may be proportional or non-proportional. Loss settlement clauses are observed in both types. The main purpose of loss settlement clauses is to record what the parties to a reinsurance contract have agreed as to how the reinsured may prove its loss in order to claim under its reinsurance. The usual intention, if the reinsurer has sufficient faith in its cedant to settle inwards losses properly, is to mitigate the burden on the reinsured of having to prove its loss to the standard required by the common law and to minimise the need for reinsurers to reinvestigate underlying losses. Some loss settlement clauses also impose express safeguards or provisos to ensure that the bargain struck by the reinsurer is not undermined by binding loss settlements that are beyond the scope of cover provided. Loss settlement language may also be combined with words that incorporate the terms and conditions of the underlying policy so as to align the scope of cover with it (typically, but not exclusively in proportional reinsurance policies). The paradigmatic example of this is the ‘full reinsurance clause’, which incorporates the terms of the original insurance into reinsurance contracts as well as setting out the parties’ arrangements as to the proof of the reinsured’s loss. For information on reinsurance generally, see Practice Note: Reinsurance—essentials. Full reinsurance clauses in proportional reinsurance In the context of proportional

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List of issues to be determined

List of issues to be determined In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent ____________________________ LIST OF ISSUES ___________________________ Equality Act 2010 claims—jurisdictional Issues Time limits 1 Have the Claimant's claims of [insert details of type of claim, eg disability] discrimination been brought within three months of the acts complained of, taking into account the effect of the ‘stop the clock’ provisions in respect of early conciliation? (EqA 2010, ss 123(1)(a) and 140B)) 2 In respect of the Claimant’s complaints which are based on the Respondent’s failure to do something, namely [insert details of complaints based on omissions], when is the Respondent to be treated as having decided those things? (EqA 2010, s 123(4)) 3 In respect of any complaints which are out of time, do they form part of a continuing act, taken together with acts which are in time? (EqA 2010, s 123(3)(a)) 4 If the complaints were not submitted in time, would it be just and equitable to extend time[, having regard in particular to [insert particulars of why the Claimant says it would be just and equitable to extend time, eg the Claimant's ill-health, the Claimant's attempts to seek an internal resolution of his/her/their complaints before submitting tribunal proceedings, the erroneous legal advice given to the Claimant, the fact that the Respondent misled the Claimant]]? (EqA 2010, s 123(1)(b)) Status 5 Was the Claimant an

Settlement agreement (employment) (short form)

Settlement agreement (employment) (short form) This Agreement is made on [insert date] Parties 1 [Insert Employer’s name] whose registered office is at [insert Employer’s address], company registration number [insert Employer’s company number] (Employer); and 2 [Insert Employee’s name] of [insert Employee’s address] (you) the parties agree: 1 Termination of employment 1.1 Your employment with the Employer [will terminate OR terminated] by reason of [insert reason for termination] on [insert date] (Termination Date). 1.2 You [will be OR have been] paid your accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions (PAYE Deductions)) and [will have OR have] received your contractual benefits[, including a payment of £[insert amount] in respect of [insert number] days’ accrued but untaken holiday entitlement] [ [ and] including any relevant contributions to your personal pension scheme] (less PAYE Deductions) for the period up to and including the Termination Date via payroll in the normal way. 1.3 [Any sums due from you to the Employer[ including [a deduction of £[insert amount]] in respect of [insert number] days’ holiday taken in excess of your accrued entitlement for the period up to and including the Termination Date] [ and] [ including a deduction of £[insert amount] in respect of [set out details of other relevant deductions, eg loan repayments]] [will be OR have been] deducted from the payment referred to in Clause 1.2 before it is made to you.]

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Can a settlement agreement provide for an employee to be placed on furlough under the Coronavirus Job Retention Scheme (CJRS) for three months, during which time their salary will be funded by a CJRS grant, and to be paid a statutory redundancy payment at the end of that period?

Can a settlement agreement provide for an employee to be placed on furlough under the Coronavirus Job Retention Scheme (CJRS) for three months, during which time their salary will be funded by a CJRS grant, and to be paid a statutory redundancy payment at the end of that period? For information generally on the situation where an employer enters into a settlement agreement before termination that provides for the employee to be placed on garden leave during their notice period, see Practice Note: Settlement agreements in employment—practical and tax issues—Garden leave and reaffirmation (two-stage settlement). An employee whose employment is terminated by reason of redundancy will be entitled to receive their contractual notice entitlement (or their statutory entitlement, if longer) and a statutory redundancy payment calculated on the basis of their age, length of service and gross weekly pay (capped at the rate of £538 per week from 6 April 2020). See Practice Notes: • Entitlement to statutory redundancy payment • Contractual notice • Statutory minimum notice For information on the Coronavirus Job Retention Scheme (CJRS) generally, see Practice Notes: • Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived] • Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [Archived] Note that the original CJRS scheme closed on 30 June 2020. The revised CJRS is only available in respect of an employee who has been furloughed for a

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Financial Services weekly highlights—14 July 2022

Welcome to the weekly Financial Services highlights from the Financial Services team for the week ending 14 July 2022. This week’s edition of Financial Services highlights provides an aggregation of the news reported by the Lexis®PSL Financial Services team over the past week and includes (1) news items relating to the conflict in Ukraine, (2) news items relating to Brexit, (3) updates from UK regulators, (4) updates from EU and international regulators, (5) updates from industry bodies and market participants, (6) new and updated content and (7) dates for your diary from Financial Services.

Financial Services weekly highlights—5 May 2022

Welcome to the weekly Financial Services highlights from the Financial Services team for the week ending 5 May 2022. This week’s edition of Financial Services highlights provides an aggregation of the news reported by the Lexis®PSL Financial Services team over the past week and includes (1) news items relating to the conflict in Ukraine, (2) news items relating to Brexit, (3) updates from UK regulators, (4) updates from EU and international regulators, (5) updates from industry bodies and market participants, (6) new and updated content and (7) dates for your diary from Financial Services.