Employment Law Alert - October 2010

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Welcome to our October 2010 edition of Employment Law Alert, in which we consider several recent employment law developments in Hong Kong covering a wide range of regular issues for human resources practitioners and in-house lawyers.

In This Issue:

1. Recent Decision - Personal liability to pay outstanding wages

HKSAR v Lor Wai Por (unrep., HCMA 888/2009, [2010] HKEC 1182)

1.1 The appellant was a director and shareholder of a company and was the sole proprietor of the company prior to its incorporation. The company employed four electricians who were all owed wages by the company. One of the four employees resigned as a result of the unpaid wages and the other three were dismissed by the appellant without notice....

2. Minimum Wage Ordinance

2.1 As you are probably aware, the Minimum Wage Ordinance ("Ordinance") was passed by the Legislative Council on 17 July 2010 and was published in the government gazette on 23 July 2010. The Ordinance will come into force on a day to be appointed by the Secretary for Labour and Welfare by notice published in a gazette...

3. Prevention of Bribery

3.1 Hong Kong companies and individuals must not participate in bribery and corrupt practices and must comply with the provisions set out in the Prevention of Bribery Ordinance ("POBO"). The POBO prohibits an agent (usually an employee) from soliciting or accepting any advantage without the permission from his/her principal when conducting his/her principal's affairs or business. The offeror of the advantage is also guilty of an offence...

Please see full Alert below for more information.

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Published In: Administrative Agency Updates, Civil Remedies Updates, Criminal Law Updates, International Trade Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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