The following are highlights from Volume 10(2) (2009 Reissue) Employment:

Employment

• Includes the chapter on parties to the employment.
• Discusses the employment contract, employees and other categories of workers, special categories of employees and employers and related employers.
• Examines the formalities of an employment contract, including commencement of employment contract and particulars of employment. Terms of employment are also examined in detail, including express terms of employment and implied terms of employment.
• The chapter on rights and obligations arising in the course of employment is examined in detail. Also includes statutory limits, common law rights and obligations of employees arising under the employment contract, common law rights and obligations of employers etc.
• Discusses privacy and anti-discrimination rights of employees, including protection against discrimination on the basis of disability, family status, race etc.
• Regulation of special categories of employment is examined in detail, including employment of children, employment of young persons and children at sea, regulation of employment agencies etc.
• The chapter on employment training is also included. Discusses apprenticeship training, employees’ retraining, vocational training council, clothing industry.
• Disciplinary procedures are also discussed. Also includes disciplinary action and enforcement.
• The chapter on termination is also included, examines termination by mutual agreement, unilateral termination and termination by operation of law.
• Examines the following: long service payments, severance payments, unreasonable dismissal and other remedies, protection of employees’ entitlements on bankruptcy or insolvency.
• The chapter on liabilities is also included. Examines liabilities between employer and employee, liabilities to third parties, criminal liability etc.
• Remedies for breaches of employment contract are also included. Discusses enforcement of the contract and damages.
• The chapter on mandatory provident fund schemes is also included. Discusses exemptions from statutory provisions, mandatory provident fund schemes authority, contributions, appeals, offences etc.
• Occupational retirement schemes are also included. Discusses exemption from the statutory provisions, registration of occupational retirement schemes, cancellation of registration etc.
• Discusses the relevant provisions of the Apprenticeship Ordinance (Cap 47), Companies Ordinance (Cap 32), Disability Discrimination Ordinance (Cap 487), Employment Ordinance (Cap 57), Family Status Discrimination Ordinance (Cap 527), Occupational Retirement Schemes Ordinance (Cap 426), Personal Data (Privacy) Ordinance (Cap 486), Protection of Wages on Insolvency Ordinance (Cap 380), Race Discrimination Ordinance (Cap 602), Security and Guarding Services Ordinance (Cap 460), Sex Discrimination Ordinance (Cap 480), Vocational Training Council Ordinance (Cap 1130).
• Discusses the relevant provisions of the Apprenticeship Regulations (Cap 47 sub leg A), Employment Agency Regulations (Cap 57 sub leg A), Employment of Children Regulations (Cap 57 sub leg B), Employment of Young Persons (Industry) Regulations (Cap 57 sub leg C).
• Includes the latest cases of Keung Chun Pong v Cheng Man Tung t/a Chun Yeung Machine Maintenance Works [2008] HKCU 931; Law Yiu Chan v Wong Kwok Wai t/a Supper Repairing Co [2008] HKCU 561; Ng Tim Yip Kevin v Chan Ho Kin [2008] HKCU 1637; Guido Ferrando v Hua Dao Shipping (Far East) Ltd [2008] HKCU 1694; Pun Wai Ming v Tsang Chung Kai [2008] HKCU 1229; Yu Nong Xian v Ng Ka Wing [2008] HKCU 97; Ko Hon Yue v Liu Ching Leung [2008] HKCU 1215; Cheung Muk Ping v Chen’s Machine Engineering Co [2008] HKCU 1605; Mohammad Safdar v Chesco Engineering Ltd [2008] HKCU 1556; PCCW – HKT Telephone Ltd v David Matthew McDonald Aitken [2008] HKCU 1067; Wealthy Realty Ltd v Cheng Yung [2008] 2 HKC 277; Lam Pik Shan v Hong Kong Wing On Travel Service Ltd [2008] 3 HKC 578; Secretary for Justice v Sing Pao Newspaper Management Ltd [2008] 5 HKC 154; Cathay Pacific Airways Ltd v Administrative Appeals Board [2008] 5 HKC 229; Au Kwai Fun Judy v Cathay Pacific Airways Ltd [2008] 2 HKC 507; HKSAR v Govekar Kumuda Damodhar [2008] 5 HKC 123. 

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