Littler International Guide - Hong Kong Spring 2026
- Publisher:
- Littler Mendelson
- Publication date:
- 2026-04-07
Description:
The Littler International Library provides a comprehensive, comparative analysis of international employment and labor laws for corporate counsel, cross-border legal practitioners, and HR professionals. The content is organized in a question-and-answer format with each country publication responding to the same series of questions, facilitating comparison across jurisdictions. Written by selected attorneys and scholars from around the globe and edited by the attorneys of Littler's International Practice Group, this library covers more than 45 countries/territories.
Littler Int'l Guide - Hong Kong About the Authors
Littler Int'l Guide - Hong Kong Disclaimer / Acknowledgements / Notices
§ 1 SETTING UP BUSINESS & STRUCTURING THE EMPLOYMENT RELATIONSHIP
- Is outsourcing allowed, and what are the legal considerations to reduce a company’s exposure to liability?
- What are the major laws that govern the employment relationship?
- What legal claims can be brought for misclassifying a worker?
- What rights, protections, or entitlements are attached to each category of worker?
- What categories of workers are recognized, and what tests do courts or agencies use to evaluate these categories?
- Is a business permitted to engage a third-party entity to either assume the role of employer or to employ individuals locally? If so, are there restrictions on these arrangements?
- Is a business without a physical presence in the country required to create a local entity to engage local workers?
- Are there emerging categories of workers based on technological innovations or economic changes?
§ 2 PRE-HIRE & HIRING
- Is an employer required to provide information on pay or pay ranges when advertising a job?
- Is an employer permitted to carry out background checks on an applicant or to ask an applicant about certain topics?
- Are there any notices that employers must provide to employees upon hiring? If so, what are the notices?
- Is an employer required to hire particular groups of people in preference to others?
- Must an employer or a foreign national obtain any prior approval (e.g., a visa, work permit, or sponsorship license) from a government authority before a foreign national can work in the jurisdiction?
§ 3 EMPLOYMENT CONTRACTS
- Can e-signatures be used to execute employment contracts or other employment documents?
- Is an employer required to provide an employee with a written employment contract or other written document? If so, what terms of employment are required to be included?
- Are fixed-term employment contracts permissible?
- Can an employer change the terms or conditions of employment unilaterally (i.e., without the employee’s agreement)?
- Are probationary periods allowed, and if so, do restrictions apply?
- Are post-employment restrictive covenants enforceable? If so, under what conditions?
- What terms of employment are recommended to include in a written employment contract?
- Is there a language requirement for written employment contracts or other employment documents?
- What are the rules regarding flexible work arrangements?
§ 4 WORKING TIME & COMPENSATION
- Is there a limit to the number of hours an employee can work daily and/or weekly? Can an employee opt out of such restrictions?
- What bonuses, if any, are mandated? What bonuses are customary?
- Are there required rest, meal, or other break periods during the workday?
- What is the required schedule for paying wages, and in what form and currency must wages be paid?
- Is there a national minimum wage?
- What elements are considered part of a salary?
- Are there any rules related to pay equity and/or pay transparency?
- If an employee works overtime, how is it compensated?
- What general activities constitute compensable working time?
- What are the employer and employee payroll contributions?
§ 5 TIME OFF FROM WORK
- Is an employee entitled to caregiver leave (e.g., to care for a close relative)?
- Is an employee entitled to other types of leave?
- Is an employee entitled to leave related to the birth of a child?
- What requirements are there for employees with infants (e.g., breaks for breastfeeding, day care entitlements, part-time work)?
- Is there a required day of rest? What are the requirements if an employee works on that day?
- Is an employee entitled to annual leave or vacation?
- Is an employee entitled to time off if they are sick, including for medical leave?
- What are the national (bank) holidays? What are the requirements if an employee works on such holidays?
§ 6 DISCRIMINATION & HARASSMENT
- May individual persons be liable for discrimination, harassment, or retaliation?
- What characteristics or categories of individuals are protected under the antidiscrimination laws?
- What types of conduct are prohibited in relation to these protected categories?
- Are there any types of prohibited discriminatory conduct against other groups?
- Are there legal justifications for otherwise impermissible discrimination?
- Is an employer required to make adjustments for an employee based on the employee’s religion?
- Is an employer required to make adjustments for an employee based on the employee’s disability?
- What types of harassment are prohibited under the law?
- What prohibitions exist regarding retaliation/reprisal?
- Are employers required to investigate allegations of discrimination, harassment, or retaliation?
§ 8 PRIVACY & PROTECTION OF EMPLOYEE PERSONAL INFORMATION
- In the event of a data breach involving personal information of an employee, what are the employer’s obligations?
- What rights do employees and job applicants have with respect to their personal data?
- Are there any data privacy laws protecting the personal data of employees or job applicants?
- Are there any special requirements related to sensitive personal data of employees or job applicants?
- What are the penalties for failure to comply with the data privacy laws?
- Is an employer permitted to transfer the personal data of its employees or job applicants?
- What are an employer’s obligations when processing (i.e., collecting, storing, using, handling, etc.) personal data of employees or job applicants?
§ 9 WORKERS’ REPRESENTATION, UNIONS & WORKS COUNCILS
- What are the types of worker representative bodies recognized in the jurisdiction?
- When is an employer required to recognize a worker representative body?
- Do workers have a fundamental right of association and representation regarding their working conditions?
- What are the primary mechanisms of action (e.g., strikes, picketing, etc.) workers may use to advocate for their collective rights or working conditions?
- Is the employer required to bargain with, consult, and/or inform the worker representative body? If so, under what circumstances?
- Does the law prohibit or otherwise limit workers’ right to strike in specific industries, job positions, or circumstances?
- Do workers acquire special rights, protections, or obligations by being a member of a worker representative body?
§ 10 INDIVIDUAL DISMISSALS & COLLECTIVE REDUNDANCIES
- What general costs will an employer pay for dismissing an employee?
- What process must an employer follow when dismissing an individual employee?
- Does the employer have to inform the employee of the grounds for dismissal?
- What penalties apply for an employer’s alleged noncompliance in dismissal situations?
- For collective redundancies, are there additional or different rules?
- Is an employee’s release of claims in a separation agreement enforceable?
- What obligations apply when an employee resigns?
- On what grounds can an employer dismiss an employee?
§ 11 CORPORATE TRANSACTIONS
- Are there additional important legal considerations within the context of a share sale or indirect share sale?
- What are important legal considerations within the context of a business sale?
- Are there any other issues that may give rise to a material liability, a material legal risk, or a material delay because of the transaction?
- Are there legal obligations to inform, consult, and/or reach agreement with employees, worker representative bodies, or any government agency in certain corporate transactions?
- Are there any legal restrictions that prevent or restrict the use of secondment or transitional services arrangements?
§ 12 EMPLOYMENT DISPUTES & LEGAL LANDSCAPE
- What government bodies enforce the major laws that govern the employment relationship?
- Can an employee bring claims on behalf of other workers (i.e., class or collective action)?
- May an employer compel employees to arbitrate employment disputes?
- What are the primary mechanisms to resolve employment disputes?
- What are the five most common mistakes foreign employers make and what can be done to help avoid them?
- What are the most important characteristics of the legal culture relating to employment?
- Littler Int'l Guide - Hong Kong Glossary of Terms
- Littler Int'l Guide - Hong Kong ABOUT THE LITTLER INTERNATIONAL GUIDE
