This resource examines the potential claims and liabilities a recruiting employer may face on hiring an employee who is subject to enforceable post-termination restrictions, the provisions of a contract which restrict the activities of a former employee following the termination of their contract in Hong Kong.
This resource highlights the importance of settlement agreements (also known as separation agreements) and the need for using precise language and specific terms with regards to the conditions of contract and relevant laws when these agreements are drafted. The resource also uses the recent English case of Duchy Farm Kennels v Steels, [2020] EWHC 1208 (QB) to illustrate the key takeaways employers should bear in mind moving forward in the jurisdiction of Hong Kong.
This resource takes a look at a recent amendment to the Civil Code of the People’s Republic of China, which took effect on 1 January 2021. The amendment the Civil Code, Article 1010 has introduced new policy and principles on what constitutes sexual harassment, expanding the scope of recipients to include men, in addition to introducing specific obligations and potential liability for employers in this area.
This resource provides an overview of the Maternity Leave Pay Scheme in Hong Kong. The Employment Ordinance, Cap. 57 was amended with effect on 11 December 2020 onward to increase statutory maternity leave from 10 weeks to 14 weeks. The eligibility requirements, deadline for the application for reimbursement, and required supporting documents are all specified as well.
This article examines the changes enacted to the National Minimum Wage, Civil Penalties, Workplace Health and Safety Queensland (WHSQ) Inspector Powers and the Work Health and Safety Act of 2011. It provides a holistic overview of all the provisions within the Act itself and their subsequent effects.
This article highlights issues in Australia pertaining to short-term rental accommodations (such as Airbnb). The short-term rental industry has obviously taken hits during the pandemic. However, the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 No 41 was enacted on 10 April 2020 in order to address the short-term rental concerns.
This piece provides invaluable insight and advice into the steps one should take in order to prevent online scams, hacks and identity/financial theft. It highlights an overview of the right safety strategies to take, which focus namely on verifying the identities of people being interacted with and confirming the authenticity of e-mails and transfer requests.
This article covers the new insolvency regime introduced in Australia on 1 January 2021. The changes in this new regime primarily impact businesses with liabilities of less than $1 million and will enable such companies to continue trading under the control of its directors while a debt restructuring plan is developed and voted on by creditors.
This article goes into the details of a highly anticipated draft practical compliance guideline (PCG 2021/D3) released by the Australian Taxation Office (ATO). PCD 2021/D3 provided clarity on the two primary issues: (1) what are the reasonable enquiries required to demonstrate compliance with the imported hybrid mismatch rule (IHMR); and (2) the Australian Taxation Office’s approach to risk assessment for the application of the IMHR to taxpayer’s circumstances.
This article delves into the Consultation Conclusions on Proposed Enhancements to the Open-ended Fund Companies Regime (OFC) and Further Consultation on Customer Due Diligence Requirements, published by Hong Kong’s Securities and Futures Commission. Issued on 2 September 2020, the Consultation Conclusion, the Consultation Conclusion highlights different enhancements to be made to private OFCs.