Labour and employment—Hong Kong—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—Hong Kong—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

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: March 2020).

Authors: Vivien Chan & Co—Vivien Chan; Patty Chan

1. What are the main statutes and regulations relating to employment?

Employment Ordinance

This is the primary piece of law governing employment in Hong Kong, and covers a vast range of employment protection and benefits for employees, including wage protection, rest days, paid holidays and annual leave, paternity leave, sick pay, maternity protection, severance payment and long-service payment.

Employees’ Compensation Ordinance

This provides for the payment of compensation to employees who have suffered injuries in the course of their employment by accident or certain occupational diseases, and stipulates the extent of liability and the amount of compensation.

Occupational Safety and Health Ordinance

This sets out the requirements for health and safety protection to employees and applies to general workplaces.

Factories and Industrial Undertakings Ordinance

This provides for the health and safety protection of workers who work in certain industries (ie, factories, construction sites, catering establishments, cargo and container handling undertakings, repair workshops and other industrial workplaces). It serves to impose general duties on employers to ensure health and safety at work.

Labour Tribunal Ordinance

This gives the Labour Tribunal jurisdiction to hear cases that involve breaches of the terms of a

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