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Here's our mini guide to all the important updates for HR professionals to note as you start planning for 2025.
The introduction of different schemes to attract talent, the launch of a new eMPF platform, as well as amendments to occupational safety and health regulations – Hong Kong’s labour landscape continues to evolve with some significant updates shaping its framework over the past year.
As we say adieu to 2024, HRO has summarised all these updates to help HR professionals better plan their people strategies for a new year.
Trawl for talent
Hong Kong has introduced a new Capital Investment Entrant Scheme. Under the scheme, eligible individuals who make an investment of a minimum of HK$30mn in permissible investment assets can bring their spouses and unmarried dependent children aged under 18 to Hong Kong for no more than two years. They may apply for an extension of stay upon expiry of the two-year period.
Hong Kong to launch new Capital Investment Entrant Scheme to beef up the talent pool
Applications for New Capital Investment Entrant Scheme are now open
The HKSAR Government has temporarily exempted full-time non-local undergraduate students from the restrictions on taking up part-time jobs. All eligible students are allowed to take up part-time employment with a "No Objection Letter" issued by the Immigration Department with no restrictions on the number of hours or the location of the part-time work.
Non-local undergraduates are temporarily free to work part-time in Hong Kong from 1 November 2024
Three measures have been launched to enhance the Top Talent Pass Scheme (TTPS) and the Quality Migrant Admission Scheme (QMAS), including expanding the list of eligible universities under the TTPS, extending the validity period of the first visas of Category A applications under the TTPS to three years, and enhancing the assessment criteria and arrangements of the General Points Test under the QMAS.
The three-year Re-employment Allowance Pilot Scheme has been in place to encourage elderly and middle-aged people aged 40 or above to re-enter the employment market. Participants who have worked full-time for six consecutive months will be provided with an allowance of HK$10,000, while those who have worked full-time for 12 consecutive months will be given an additional allowance of HK$10,000. The amount of the allowance for participants completing part-time employment will be halved.
Hong Kong launches Re-employment Allowance Pilot Scheme to re-engage elderly and middle-aged workers
Labour law updates
Hong Kong's Labour Advisory Board has reached a consensus on the review of the "continuous contract" requirement (commonly referred to as the "418" requirement) under the Employment Ordinance. As such, employees who have worked aggregately for 68 hours over four weeks are entitled to statutory employment benefits, such as statutory holiday pay, paid annual leave, and sickness allowance.
Hong Kong's Labour Advisory Board agrees to relax "continuous contract" requirement
Hong Kong to ease the '418 rule': What employers should keep an eye on
The Chief Executive in Council has accepted the recommendations of the Minimum Wage Commission on enhancing the review mechanism of the Statutory Minimum Wage (SMW) in Hong Kong. The recommendations include reviewing the SMW rate once a year (annual review), adopting a formula for implementing such a review, and reviewing the aforesaid new review mechanism five to 10 years after its implementation.
Hong Kong government accepts recommendations on reviewing the Statutory Minimum Wage rate annually
Occupational safety and health
The revised Code of Practice for Bamboo Scaffolding Safety has officially come into effect. If any violations of the occupational safety and health legislation are detected, the Labour Department will issue suspension notices and improvement notices and initiate prosecutions without prior warning.
Hong Kong’s revised Code of Practice for Bamboo Scaffolding Safety takes effect on 19 October 2024
The revised Code of Practice for Safety and Health at Work in Confined Spaces (CoP) has come into effect. The CoP aims to provide proprietors, contractors, competent persons and certified workers with practical guidance and technical information to comply with the requirements set out in the occupational safety and health legislation regarding confined space work for safeguarding the safety and health of workers.
Hong Kong’s Labour Department has expanded the Pilot Rehabilitation Programme for Employees Injured at Work to the catering & hotel industry and the transportation & logistics industry, hoping to assist injured employees in these industries to recover and return to work early. Funded by the Government, participants only need to pay the same fees as public hospital services for receiving private rehabilitation treatment services.
Hong Kong's Pilot Rehabilitation Programme for Employees Injured at Work expands to new industries
Hong Kong Exchanges and Clearing Limited (HKEX) has implemented Severe Weather Trading (SWT), allowing Hong Kong's securities and derivatives markets to remain open when Typhoon Signal No.8 or above, or a Black Rainstorm Warning, is issued by the Hong Kong Observatory.
HKEX to maintain trading during severe weather conditions effective 23 September 2024
New MPF measures
The Mandatory Provident Fund Schemes Authority has launched the eMPF Platform, allowing employers, employees, and self-employed persons to manage all MPF administrative processes through this one-stop digital platform. All MPF schemes are expected to complete onboarding the platform by the end of 2025.
Hong Kong’s MPFA to launch eMPF Platform on 26 June 2024
FAQs on Hong Kong’s eMPF Platform
The abolition of the offsetting arrangement under the MPF System will come into effect on 1 May 2025. To assist employers in adapting to the policy change, the Government will introduce a 25-year Subsidy Scheme for Abolition of MPF Offsetting Arrangement on the same date to help share employers’ expenses on the post-transition portion of severance payment and long service payment.
Other legal updates for reference:
China will gradually raise the statutory retirement age over the course of 15 years, starting 1 January 2025. The statutory retirement age for men will be gradually pushed back from originally 60 to 63; while that for women blue-collar and white-collar workers will be extended from originally 50 and 55, to 55 and 58 respectively.
China to gradually delay retirement age from 1 January 2025
In response to the ageing population and to increase the birth rate, the State Council of the People's Republic of China has outlined 13 targeted birth support measures, covering various aspects such as fertility, parenting, education, and employment support. These measures include steps to improve maternity leave policies, ensuring the implementation of maternity, childbirth reward, paternity and childcare leave policies enforced by laws in place; as well as to enhance policies to promote women's employment and strengthen vocational skills training for female workers, especially those who have given birth and are re-employed.
China introduces 13 measures to boost and support childbirth
Australia has enforced the new ‘Right to Disconnect’ laws for non-small business employers with 15 or more employees. Under the new laws, employees can refuse to monitor, read or respond to contact, as well as attempted contact, from their employer or a third party outside of working hours, unless that refusal is unreasonable. This change will later be applicable to small business employers with fewer than 15 employees on 26 August 2025.
New laws come into effect in Australia to grant employees the right to disconnect
Hong Kong's Court of Final Appeal has made landmark judgments to affirm equal housing and inheritance rights to same-sex couples who are lawfully married overseas by unanimously dismissing three appeals lodged by the Hong Kong Housing Authority and the HKSAR Government.
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