Week 9

Laws Relating to
Employment
 Sources of Employment Law
 British influence of “voluntarism” philosophy.
Negotiated by parties of equal bargaining
strength in the “free market” with minimum
government intervention.
 English common law, including trade
practice and custom
 Statutory provisions
 the Employment Ordinance, Ch. 57 (1968)
 Sources of Employment Law
 Statutory provisions
 Anti-discrimination Ordinances
 Sex Discrimination Ordinance (1995)
 Disability Discrimination Ordinance (1995)
 Family Status Discrimination Ordinance (1997)
 Race Discrimination Ordinance (2009)
 But, no age discrimination law

 Individual employment contract

 Any others?
 Personal Data (Privacy) Ordinance
 Code of Practice on Human Resource Management
 Eliminating Discrimination in
Employment
 Scope in employment
 Advertising – Job Title
 Shortlisting
 Selection Tests
 Interviewing
 Medical check
 Post-hiring enquiries
 Pregnancy
 Dress Code
 Equal pay for equal work
 Promotion, transfer, training and redundancies,
etc.
 RECEPTIONIST URGENTLY
WANTED
XYZ company is looking for a receptionist with the
following requirements:
 Charming female, single

 Below 30 years old, F.5 standard

 Good spoken English and customer service skills

Attractive salary and benefits will be offered to

suitable candidates. Please apply with an
application letter, detailed resume and a recent
photo to the Manager, XYZ Company, 1 Kowloon
Tong, Kowloon.
 Political Correctness?

Problem Words Politically Correct?

 Waiter
 Chairman
 Mailman
 Short
 Fat
 Old, elderly
 Blind
 Midwife
 History??
 Anti-Discrimination Ordinances
 Sex Discrimination Ordinance (14 July 1995)
 Discrimination on the basis of gender, marital status
or pregnancy, whether directly or indirectly.
 Also sexual harassment and victimization
 Direct Discrimination – means treating a person less
favourably than another person in comparable
circumstances, because of a person’s sex, marital status
or pregnancy.
 Indirect Discrimination – when applying the same
treatment as between the sexes, persons with different
marital status and persons who are pregnant or not, but is
in practice discriminatory in its effect.
 Sexual Harassment
 Genuine Occupational Qualification
(GOQ) – Under SDO
 Physiology or drama performances
 Physical/social contact
 Preservation of decency
 Live-in requirement
 Special nature of establishment
 Personal services
 Foreign customs
 Disability Discrimination Ordinance
(3 August 1995)
 Discrimination on the basis of disability, whether directly
or indirectly.
 “Disability” includes any disability that:
 Presently exists
 Previously existed but no longer exists
 May exist in the future
 Is imputed to a person
 Exceptions – infectious diseases under the Quarantine
and Prevention of Disease Ordinance (Cap. 141)
 Disability Harassment
 Insulting comments
 Offensive jokes
 Unnecessary gestures mimicking someone’s disability
 Race Discrimination Ordinance
(10 July 2009)
 RDO will prohibit discrimination (direct or indirect),
racial harassment, victimisation and vilification on
the grounds of race in protected areas.
 Definition of Race includes:
 Race
 Colour
 Descent
 National or ethnic origin
NB: definition of race does not include religion,
nationality or citizenship.
National or
Ethnic Origins