Raymond T.L. Tse & Co., Solicitors

The rights and obligations of employers and employees are found  in many common law cases, many legal principles of which  are now more conveniently consolidated/modified by modern legislation in the Employment Ordinance, Chapter 57 of the Laws of Hong Kong. 

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Disputes between employers and employees at an early stage are often referred to the Labour Department whose officers will try to reconcile their differences through conciliation and mediation. If all settlement attempts and proposals fail to resolve the matter, then either employer or employee may seek redress at the Labour Tribunal which has exclusive jurisdiction over labour disputes and contractual claims between the parties. Legal advisers, even though they can give legal advice to either party in the background, could not formally attend Labour Tribunal  to represent either party on record.

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For complicated matters/disputes, the Labour Tribunal presiding officer may transfer the proceedings to a higher level of court i.e. District Court (having jurisdiction from HK$75,000 up to HK$3 million) or The High Court  (having unlimited jurisdiction) depending on the quantum of subject matter.

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To enhance collective efforts and strengthen bargaining powers, employees in large corporation may form trade unions under the Trade Unions Ordinance, Chapter  332 of the Laws of Hong Kong.