Overview -

The primary piece of legislation, the Employment Ordinance (the “EO”), prescribes certain basic rights and protection for most employees. The EO applies to every employee engaged under a contract of employment in Hong Kong with only a few minor exceptions. The EO applies equally to locals and foreign nationals working in Hong Kong. Provided that the contractual terms of service are no less favourable than the basic protection afforded by the EO, the contract of employment will govern the relationship between employer and employee. Any term or condition of a contract of employment that seeks to reduce any right, benefit or protection conferred upon the employee by the EO will be void. So, to the extent that any contractual terms are less favourable, the EO will prevail.