Employment Protection

Generally speaking, if a Hong Kong resident enters into an employment contract in Hong Kong with a Hong Kong employer, and is deployed to work in the Mainland, he is protected by the Employment Ordinance. When an employment contract is signed, additional attention should be paid to whether there is any indication that the contract will be governed by laws and regulations of Hong Kong or any other regions. If he comes across problems of employee's rights and benefits, he may ask for assistance from the Labour Relations Division of the Labour Department. Pursuant to section 30B(2) of the Employees' Compensation Ordinance, Chapter 282 (the Ordinance), where personal injury by accident arising out of and in the course of employment is caused to an employee outside Hong Kong where the employee's contract is entered into in Hong Kong with an employer who is carrying on business in Hong Kong, he is protected by the Ordinance.

For more details of the Employment Ordinance, go to:
http://www.labour.gov.hk/eng/public/wcp/EOConciseGuide/index.htm

For more details of the Employees' Compensation Ordinance, go to:
http://www.labour.gov.hk/eng/legislat/content1.htm

Labour laws and regulations of the Mainland provide employees who are employed by companies registered in the Mainland or who sign the employment contract with the employer in the Mainland with protection regarding hours of work, holidays, payment of wages, etc. Social security authorities are responsible for enforcing those regulations. Please see the section of " Mainland Labour Protection" in this web site for more about labour regulations in the Mainland.