HR Legal Highlight - 2016

 

Remarks: The information is excerpted from the official journal of the HKIHRM - 《Human Resources 人才薈萃》and for reference only. Please refer to related government departments for updated regulations.

 

HR Legal Highlight - 2016

 

 

 

 

 

2016 Dec BYOD Policies Create Data Privacy Issues for Employers
2016 Nov Be Wise in Using HR Analytics to Avoid Legal Disputes
2016 Oct Work Visa Applications: Ensuring a High Success Rate
2016 Sep Closing Bribery and Corruption Loopholes in the Retail Workplace
2016 Jul/Aug Adopt a Systematic Approach to Meet Equal Pay Requirements in Hong Kong
2016 Jun Updated IT and Social Media Policy Balances Needs for Corporate Data Security and Employee Privacy
2016 May Changes to Help Clarify Law on Employee Reinstatement Claims
2016 Apr How to Protect Your Staff from Sexual Harassment
2016 Mar The Benefits of an Effective Whistle-blowing Policy
2016 Jan/Feb Security Payments at the Labour Tribunal

 

 2016 Dec - BYOD Policies Create Data Privacy Issues for Employers

BYOD policies are increasingly popular, but they have intrinsic risks around the protection of data privacy.

Employers must establish clear policies about cross-border transportation of data and breach notifications, and drill staff to ensure compliance.

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 2016 Nov - Be Wise in Using HR Analytics to Avoid Legal Disputes

Big data provides HR departments with a wealth of new analytic insights in their hiring, promotion and disciplinary processes.

HR managers must be careful to avoid bias in historical data, algorithms and of course, in the actions taken in response to the data-derived insights.

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 2016 Oct - Work Visa Applications: Ensuring a High Success Rate

Work visa applications are an integral part of multinational HR managers' plan for attracting global talent. Start-ups face stiffer requirements when importing talent.

Common visa application pitfalls include failing to translate all supporting documents and   applicants who have changed their name, however a proactive and positive relationship with the case office can help.

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 2016 Sept - Closing Bribery and Corruption Loopholes in the Retail Workplace

Due to increasing competition in the Hong Kong market, employee misconduct and corruption risks have become more prevalent in the local retail sector.

To prevent this, employers should provide staff training on Hong Kong's anti-bribery laws and compnay policies, and set up a confidential route enabling customers and employees to report any malpractices.

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 2016 Jul/Aug -  Adopt a Systematic Approach to Meet Equal Pay Requirements in Hong Kong

Although Hong Kong does not have legislation that explicitly provides for equal pay in the workplace, if a woman is paid less than a man for doing the same job (or for doing a different job of comparable value) and the difference in pay is based on a prohibited ground, such as sex, this might constitute unlawful discrimination under one of the four discrimination ordinances. 

If a pay gap cannot be explained on the basis of a reason other than sex, the employer should take steps to rectify it.

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 2016 Jun - Updated IT and Social Media Policy Balances Needs for Corporate Data Security and Employee Privacy

The wide use of personal mobile devices, social media and apps by employees for work has given rise to a whole host of legal ramifications for employers.

Having a comprehensive corporate IT and social media policy that deals with use of IT and the internet is key to avoiding employment-related litigation and reputational damage.

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 2016 May - Changes to Help Clarify Law on Employee Reinstatement Claims

The new Employment (Amendment) Bill 2016 may require an employer to reinstate or re-engage an employee who has been dismissed unreasonably or unlawfully, by order of the Labour Tribunal.

The bill will also impose a new penalty on employers for failure to reinstate or re-engage an employee, and will make the failure to pay this additional sum an offence – but exemptions can be granted.

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2016 Apr - How to Protect Your Staff from Sexual Harassment 

The Sex Discrimination Ordinance (Cap 480) (SDO) has been amended to increase protection of employees of service companies. 

An effective sexual harassment policy can help employers in service industries educate their staff and avoid any compliance risks. The policy should explicitly define sexual harassment, and outline the support mechanisms available for affected employees.

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2016 Mar - The Benefits of an Effective Whistle-blowing Policy

The implementation of an effective whistle-blowing policy can provide numerous benefits for employers, and play an invaluable part in a company’s corporate governance strategy, as it is one of the most effective means to detect and counter corruption and other forms of wrongdoing.

An effective whistle-blowing policy must provide adequate protection in terms of confidentiality and non-retaliation for those who come forward with information about illegal, unethical or otherwise unacceptable conduct.

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2016 Jan/Feb - Security Payments at the Labour Tribunal

In accordance with amendments to the Labour Tribunal Ordinance enacted in 2014, the Tribunal can now order a party to provide security for the payment of an award or order to deter vexatious claims.

HR practitioners should remember this when an employee issues dubious claims through the Labour Tribunal.

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