Facing a challenging business environment and rising labour costs, companies increasingly adopt the hiring of casual/ part-time staff and fixed-term contract employees as part of their human resources strategy. This legal-practical seminar is designed for HR professionals and Hong Kong employers managing casual and part-time staff. It focuses on employment rights, minimum wage, MPF contributions, employee compensation, statutory holidays, and employment protections for such casual/ part time staff. Participants will also learn to draft fixed-term contracts, strategies to avoid discrimination, and methods to resolve legal disputes. The course also explores legal risks associated with handling casual/ part-time and fixed-term contract staff, ensuring compliance with the Employment Ordinance.
Additionally, the Legislative Council has passed the second reading of amendments (4-68) concerning the definition of permanent continuous staff and part-time staff. Employers must now understand how to implement these changes to avoid legal risks and unnecessary labour costs tied to full-time entitlements.
Legal Essentials in Handling Casual/ Part-Time Staff 1. Hong Kong’s legal framework and principles for casual/ part-time staff employment 2. Definitions under Sections 4-18 of the Employment Ordinance – Upcoming amendments (4-68) and challenges for employers 3. Employment rights and legal risks for hiring casual/ part-time staff: a. Revised statutory definition and calculation under 4-68 b. Common errors under 4-18: E.g., If a part-time employee starts on Thursday, is the first week counted? If employment is paused for 3 days without written termination, is continuity broken? c. Reversion from full-time to part-time status under 4-68: Legal adjustments d. Fixed-term contracts for part-time staff: Why written contracts are mandatory as per Employment Ordinance? e. When must full-time benefits apply if a part time staff has over the 4-68 rules? f. Wage protection and minimum wage g. Legal rules on wage deductions h. MPF contributions: Differences vs. permanent staff i. Why statutory holidays apply to casual/ part-time staff j. Overtime compensation under the Employment Ordinance k. Pregnancy and other employment protections 4. Drafting fixed-term contracts for casual/ part-time staff: Advantages 5. Employee compensation (work injury): Reporting procedures, handling suspected cases, sickness pay calculation (e.g., for employees working across multiple companies), medical assessments and compensation 6. Avoiding discrimination risks 7. Can casual/ part-time staff claim unreasonable dismissal as per Employment Ordinance? 8. Common legal disputes: Court case studies 9. Drafting Part-time staff employment contract which can protect interests of employer (Speaker will provide templates)
Legal Essentials in Handling Fixed-Term Contract Staff 1. Legal requirements and benefits of fixed-term contracts 2. Legitimate non-renewal a fixed term contracts: Legal grounds & case law 3. Non-renewal during sick leave, work Injury, or maternity leave period: Legally justified or not? 4. Change of continuous contract staff to fixed-term contracts: Legal procedures 5. An interval such as two weeks between two fixed-term employment contracts: Does the continuity of employment relationship cease as per case law? 6. Drafting a protective end-of-Contract gratuity policy (Speaker will provide Policy Template) 7. Changes after May 2025: Mandatory employer MPF contributions for offsetting severance or long-service payments have ended. However, contract-based gratuities can still be offset. What are the relevant statutory provisions? 8. Common legal disputes & case law in handling fixed-term contract staff ________________________________________________________________________________ Follow us on LinkedIn: HKGCC Training Academy ________________________________________________________________________________ |