As corporate staff and human resources managers, you may have encountered the following "currently extremely tough" human resources issues. In this one-day workshop, the speaker will use relevant court cases and recent guidelines from courts to advise employers and human resources professionals on some compliance and enforceable human resources measures to resolve such "currently extremely tough" issues.
The workshop will cover the following issues:
1. According to different research reports, as many as 40%-70% of employees face various degree of mental health problems under the current epidemic. How can employers deal with mental health illness of employees legally? Can mental health problems be asked during interviews? If employees declare mental health problems during employment, how should employers effectively deal with related human resources issues without infringing the law?
2. As per common law practice, employers have implied duty of care to employees. Reduction of manpower may lead to a tremendous increase of workload and work pressure to employees, incurring various degrees of emotional and mental illness. Can employees seek damages compensation to an employer if the employer has not taken reasonable measures to prevent employees from suffering reasonable and foreseeable damages?
3. Human resources department makes a mistake and causes an employer to be convicted of a criminal offence - Strict Liability Offence. What are the implications of recent convicted cases to employers? How can the human resources department cope with the potential legal risks?
4. How can employers discuss the revised terms of an employment contract with employees to reflect the latest employment conditions and work arrangements in the later stage of the epidemic? According to the current legislation and the common law, what amendments can employers implement unilaterally without employee consent?
5. How can employers handle employees to take unpaid leave legally? Can an employer arrange unpaid leave for employees who are under quarantine or transferred to hospital for isolation, or does he/she still need to pay normal wage to the employees? What are the common legal disputes on unpaid leave?
6. How can employers legally proceed with redundancy and avoid being accused of unfair dismissal or violation of the Discrimination Ordinance? What are the recent court cases relating to relevant disputes?
7. Reasonable and legal arrangements for restructuring and employee transfer: How should employers carry out restructuring legally?
8. Social media is popular. How does the court judge employees using "private occasion" and/or "freedom of speech" as defenses to attack corporate management practices on their own social media channels under the reasonable dismissal litigation? What are the implications for human resources and how should employers formulate relevant and effective "social media policies"?
9. According to the Employment (Amendment) Ordinance 2007, when calculating the definition of employee wages, any discretional bonus or allowance can be exempted from calculation as total wage. Can employers be exempted from legal liability if only "discretionary" terms are mentioned in the employment contract or staff handbook? How should the clauses of employment contract and employee handbook provisions be written and other human resources measures be implemented to ensure these remuneration items are recognized as "discretionary" legally so that they can be exempted from calculation according to law? How does the Final Court of Appeal's case rule on the definition of wages?
10. In many contracts for sales professionals, the employer reserves the right to modify the commission policy and the mobility terms of the transfer arrangement. If the employees' income is reduced by 30%-40% after the transfer, does the employer commit a breach of contract, and how does the court judge the dispute?
11. Unlawful deduction of salary is a "strict liability offence" and is criminal. Can an employer deduct salary upon lateness of staff? Is lateness the same as absenteeism? Can employers set different payment conditions for rewarding salary items? How can employers avoid unlawful salary deduction?
12. If an employee becomes infected with COVID-19 while working from home, or an employee develops a mental health illness due to a significant increase in workload and work pressure, what are the legal liabilities of the employer, including the liability in work injury?
13. After a long work injury leave, can the employer refuse the employee's request to return to work in accordance with the law?
14. In recent years, there have been an increasing number of cases of employees complaining of "pregnancy discrimination". What measures must be taken by the human resources department and what legal principles should be followed to ensure that an employer is exempt from relevant legal risks?
15. After a work-related injury or a chronic illness, the performance of an employee is poor. If the employer dismisses the relevant employee, what factors will the court consider in deciding whether the employer has committed discriminatory dismissal?
16. To prevent employees from abusing sick leave, can an employer amend the current sick leave policy without breaking the law? Can the employer require employees with habitual sick leave arrange for a designated doctor, and provide detailed medical records?
To prevent the spread of Covid-19, food and beverages will not be provided during the event and Chamber staff will be conducting temperature checks at the premises. We also kindly ask that all event participants wear a mask when attending the event.