Hong Kong’s employment environment and its employment legislation are widely recognised as being generally employer-friendly. The legislation applying to employees in Hong Kong is a combination of statutory and common law. The common law origins of Hong Kong employment law include decisions of the courts of other common law jurisdictions, in particular England.

The principal piece of employment legislation providing protection to employees is the Employment Ordinance (EO). Since its enactment in 1968, there has not been any general overhaul of its underlying principles; however, it has been amended periodically to address particular issues as they have arisen. Certain local structural constraints have ensured that only modest or compromise reforms have tended to occur. The result is that although the EO provides an important basis for protection for employees, when compared with other jurisdictions that have more advanced labour laws, Hong Kong has fallen some way behind.

In addition to the EO, there is legislation in respect of minimum wages, employee compensation, health and safety, discrimination and insolvency.

Reproduced with permission. Originally published February 2022, "The Employment Law Review" The Law Reviews. © 2022 Law Business Research Ltd.