Jeannette Tam, Managing Associate—Hong Kong Employment Practice, Bird and Bird
Jeanette Tam, Managing Associate, Bird & Bird brought her legal expertise to the HR table in regards to the upcoming changes to discrimination legislation that can be expected in the coming months. “In the last year there have been a lot of changes and these will continue in the future. We need to look back at the last half year to gain insight about what to expect in the coming period.”
Changes to legislation can be expected in the following order over the coming years: compulsory employee reinstatement, anti-age discrimination, de facto relationships and sexual discrimination. She commented, “In terms of discrimination law reforms, the Equal Opportunities Commission has been very busy—and will continue to be in the future.” They pushed 76 recommendations to the government and a bill is awaiting draft.” She added that 23 have been considered crucial are most likely to be implemented in the coming months.
What to expect:
- Most pressing are changes to compulsory employee reinstatement
- Reforms to age discrimination law, especially related to the older workforce
- Extension of protection from discrimination to persons who are in de facto relationships, sex and sexual orientation.
The Government has organised forums and public consultations regarding just how to deal with some of the above items to gain a varied view. She also highlighted age discrimination as a critical factor, especially considering Hong Kong’s ageing population. Tam posed, “How is the government going to marry the relationship between compulsory retirement age and anti-age discrimination law?” As of yet it remains to be seen—the government really needs to think deeply about how they are going to address that. Now more than ever, HR would do well to keep an eye on upcoming changes to legislation to remain compliant.
The Equal Opportunities Commission has been very busy—and will continue to be in the future.
—Jeanette Tam, Managing Associate, Bird & Bird
Paul Arkwright
Publisher
