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Gemini Personnel Newsletter
November, 2008
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Hong Kong Employment Law Update
Minimum Wage Legislation

The Hong Kong Special Administrative Region (HKSAR) has announced it is considering introducing a statutory minimum wage "across the board".

Speaking at the Legislative Council's annual Policy Address, Donald Tsang, the HKSAR's chief executive, said that the government aims to introduce a bill over the coming year, reported news.xinhuanet.com.

Drawing inspiration from other countries that have implemented the legislation, Tsang said that the HKSAR will found a commission comprised of figures from various industries in order to "study the level of minimum wage".

Mr Tsang commented that he was aware many individuals and firms may have reservations about the proposed legislation.

"Let me stress that the government will handle the relevant issues, including the minimum wage level and related review mechanism, in a prudent and pragmatic manner," he assured.

Race Discrimination Law

Hong Kong employers have become increasingly aware of their obligations to maintain workplaces free of discrimination since the passing of Hong Kong’s first antidiscrimination ordinance in 1995. On July 10, 2008, Hong Kong added to its employment related statutes when the Legislative Council passed the long awaited Race Discrimination Ordinance. The new statute joins the Sex Discrimination Ordinance and Disability Discrimination Ordinance, passed in 1995, and the Family Status Discrimination Ordinance, passed in 1997, on the list of Hong Kong’s employment laws. Although there is no specific effective date provided for the legislation, it is anticipated that the Ordinance will come into effect in the first quarter of 2009.

Employers need to train their Managers on the new laws prohibitions, update their policies for employees and make sure the necessary complaint procedures are in place.

Gemini will keep you updated as the legislation proceeds.

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