Employment Law
Employment Law
Employment Law in Hong Kong
Employment Law
Payne Velasco solicitors has experience acting for both employers and employees, in employment disputes.
Our firm has acted for senior executives in the banking and finance industry; the transport and logistics industry; the education sector; the fashion industry; and manufacturing industry.
We regularly review and comment upon draft employment contracts, prior to commencement of employment. We also advise clients, in the lead up to termination of employment, on their termination entitlements, including the requisite notice of termination and separation agreements.
Dismissals & Post-termination
Termination
Post-termination, the firm has assisted clients to bring claims for:
Damages for wrongful termination of employment (including constructive dismissal; wrongful summary dismissal; failure to give adequate notice of termination; termination in breach of the Employment Ordinance)
- Wages in arrears
- Wages in lieu of notice
- Annual leave pay
- Severance pay; Redundancy pay; Long Service Pay
- End of year payment (Chinese New Year Bonus or 13th Month Bonus)
- Incentive payments and Commission
- Failure to reimburse legitimate expenses
Conversely, Payne Velasco has assisted corporate clients to lawfully terminate employees by advising on requisite notice periods; benefits due upon termination; and drafting exit letters, separation agreements, confidentiality agreements and releases and waivers.
Our solicitors have attended reconciliation meetings at the Labour Relations Division of the Labour Department, where potential claims by former employees have been successfully settled and expensive, protracted litigation averted.
We have also assisted clients with claims in the Labour Tribunal and acted for clients when Labour Tribunal Claims are transferred to the District or High Courts.
The firm has successfully defended company directors prosecuted in the Magistrates Court as a consequence of non-payment of Labour Tribunal awards.
If you need assistance with your employment law matter, please contact Gregory Payne at greg.payne@paynevelasco.com
Contracts, Terminations & Disputes
Employment Law Services
Payne Velasco provides expert guidance on employment contracts, termination entitlements, benefits and dispute resolution for both employers and employees.
Employment Contracts & Termination
We provide thorough reviews and advice on employment contracts before commencement and offer guidance on termination entitlements, including notice periods and separation agreements.
Post-Termination Claims
Our firm assists clients in pursuing claims for wrongful termination, including constructive dismissal, failure to provide adequate notice and breaches of the Employment Ordinance.
Employee Benefits & Compensation
We advise on entitlements such as wages in arrears, severance pay, redundancy pay, long service pay, annual leave pay, end-of-year bonuses, incentive payments, commissions and reimbursement of legitimate expenses.
Corporate Advisory Services
For employers, we offer counsel on lawful termination procedures, drafting of exit letters, separation agreements, confidentiality agreements and releases and waivers.
Answers to Common Questions on Employment Rights and Disputes
Employment Law FAQs
Payne Velasco answers key questions about employment contracts, termination, employee entitlements and dispute resolution. Our guidance helps both employers and employees understand their rights, obligations and the legal options available.
What are my rights if I am wrongfully terminated?
Employees may be entitled to compensation for wrongful termination, including severance pay, wages in lieu of notice, and claims under the Employment Ordinance.
What should be included in an employment contract?
Key elements include job duties, compensation, benefits, notice periods, confidentiality clauses, and dispute resolution procedures to protect both parties.
How should an employer lawfully terminate an employee?
Employers must follow notice periods, provide owed benefits, and ensure termination procedures comply with employment laws to avoid disputes.
Can I claim unpaid wages or bonuses?
Yes, employees can claim unpaid wages, bonuses, commissions, and other entitlements through reconciliation meetings, the Labour Tribunal, or court proceedings.
How are employment disputes resolved?
Disputes can be resolved through reconciliation meetings, Labour Tribunal claims, or in District/High Court proceedings, with legal representation to ensure fair outcomes.