Employment and Business Immigration Law

Our Services
Employment and Business Immigration Law

Labour and employment law in Hong Kong and China is rapidly increasing and becoming more complex, especially with the implementation of further anti-discrimination legislation.

The Employment Practice Group is constantly developing to keep pace with the law and has gained a respected position with employers, employees and among our peers as being at the forefront of providing practical and straightforward advice in a complex and developing area of law.

 

A leading employment lawyer in Hong Kong

We are experienced in advising and strategizing for both employers and employees in all aspects of the employment relationship from interviewing and recruiting, to termination and enforcement of post termination restrictions.

 

Advice for employers

From an employers perspective we pride ourselves in being on hand to provide practical legal advice in a timely fashion to avoid a small problem escalating into something much greater. If necessary, we continue to be on hand to take robust and urgent action to prevent damage or disruption to a business.

Advice for employees

From an employees perspective we recognize both the legal and emotional stress that employment issues often cause and work together with the individual employee to provide practical advice to address their immediate concerns whilst continually planning to ensure that they remain protected, as far as the law allows, going forward.


International Employment and Labour Law

We are experienced in advising both employers and employees in employment disputes with cross border and multi-jurisdictional aspects including SE Asia, China, Australia, EU and the USA. We also provide invaluable strategic legal advice in relation to "team moves" between high profile employers.

Our Employment Practice Group advises and acts in the following matters:

  • Drafting contracts of employment, senior executive service agreements and staff handbooks including MPF issues.

  • Drafting consultancy agreements.

  • Summary dismissal, termination of employment and severance packages.

  • Employee resignation and "constructive dismissal".

  • Redundancy programmes, redundancy and long service payments.

  • Maternity issues and dismissal during maternity leave.

  • Enforcement of restrictive covenants, including obtaining and defending urgent and ex parte injunctions.

  • Employment aspects of corporate deals.

  • Bonuses including non-payment of "discretionary" bonuses.

  • Claims of discrimination and avoiding potentially discriminatory practices.


Business Immigration

Ensuring that key employees are legally in the right place at the right time is an essential business need as it maximizes business performance and efficiency. This is perhaps even more important in the current economic climate.

We pride ourselves on treating each employee as an individual and we recognize the stress and difficulties that can be caused to an individual, their family and a business when delays occur and things go wrong. 

A key function of the Employment Practice Group is to ensure that all business immigration processes are completed as smoothly and efficiently as possible. We regularly advise and act for global employers, individuals, Hong Kong start up companies and entrepreneurs.

Business Immigration Services include advising on the following matters:

  • Obtaining work visas and extensions.

  • Advising on the effect and consequences of visitors visas.

  • Obtaining spousal and dependent visas.

  • Obtaining business investment visas and advising on the Quality Migrant Admission Scheme.

  • Advising on visa status following the termination of employment.


Tax Advice for Employers & Employees

Our team also comprises dual qualified tax practitioner who constantly provide tax advice to employers and employees in an employment context, including but not limited to: 

  • Formulating domestic and cross border personal tax planning;
  • Advising employers on the potential issue or risk of creating permanent establishment by assigning employees to work in overseas jurisdictions and how to minimise such tax risk;
  • Structuring more tax efficient termination compensation package (including but not limited to ex-gratia payment, statutory severance payment and relocation allowance); and
  • Advising on and structuring employee phantom shares and equity option plans and other award schemes in a tax efficient manner.

Team Members

Partner 


Partner


Associate


Associate

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