Essential Handbook and Policies for Employment in Hong Kong

When discussing employment in Hong Kong, it’s crucial to consider the subject of handbooks and policies. Employment handbooks are typically used to govern employee behavior and are generally non-contractual. However, breaches of these policies may lead to termination, depending on the wording of the policy and the severity of the situation.

Employment handbooks usually include policies on a wide range of matters, such as grievance procedures, disciplinary actions, data privacy, leave, equal opportunities, occupational safety and health, codes of conduct, and conflicts of interest. Employers should be aware of key legislation, including the Personal Data (Privacy) Ordinance and anti-discrimination laws. Highlights are outlined below.

Under the Personal Data (Privacy) Ordinance, employers must ensure strict compliance when collecting, retaining, and using personal data of employees and others. Data users must adhere to principles governing the collection, holding, processing, and use of personal data. Employers typically meet their information obligations by providing a Personal Information Collection Statement (PICS) to individuals from whom they collect data at the first instance of collection. The PICS informs individuals about the purposes for which their data will be used and the classes of persons to whom their data may be transferred. Employers should develop data privacy policies and codes of practice for workplace implementation.

Anti-discrimination laws in Hong Kong are founded on the Sex Discrimination Ordinance, the Family Status Discrimination Ordinance, the Disability Discrimination Ordinance, and the Race Discrimination Ordinance. These laws prohibit discrimination based on sex, marital or family status, pregnancy, breastfeeding, disability, or race. They also prohibit sexual, breastfeeding, disability, and racial harassment. There is currently no legislation prohibiting discrimination based on religion, age, or sexual orientation. Employers found guilty of discrimination may be liable for damages, including injury to feelings. These ordinances protect against direct and indirect discrimination, victimization, harassment, and vilification, although not all protections apply uniformly across all ordinances.

The Equal Opportunities Commission of Hong Kong issues codes of practice on employment and recommends that employers implement policies to eliminate discrimination and harassment in the workplace. Employers may have a defense against discrimination or harassment claims if they have taken all reasonably practicable steps to prevent such occurrences. Employers must demonstrate that policies have been implemented and that employees are aware of and trained on these policies.

The use of social media, the internet, and emails by employees in the workplace has exposed employers to potential liabilities for offenses committed by their employees. Employers should develop and implement effective policies to mitigate these liabilities.

Employers should consider issuing an employee handbook that sets out detailed policies addressing employment law challenges and legal obligations, including data privacy, equal opportunities, and social media and internet use.

Mayon Solutions Limited is available to review existing policies or provide draft policies upon request.

Reach out to us: sales@mayon.hk