Labour & Employment Law

Losing your job unfairly can devastate your career, your finances, and your family. A restrictive covenant can prevent you from earning a living in your chosen field. A workplace injury can leave you fighting for compensation while you struggle to recover.

At Jal N. Karbhari, Solicitors & Notary, we advise and represent both employers and employees in the full spectrum of labour and employment law matters. Whether you are facing unfair dismissal, negotiating a severance package, enforcing a non-solicitation agreement, or pursuing employees' compensation, we provide the legal expertise and strategic guidance you need to protect your rights and interests.

We understand that employment disputes are deeply personal. They affect your livelihood, your reputation, and your future. We treat every case with the sensitivity and seriousness it deserves—while fighting relentlessly for the outcome you need.

Employees & Executives

Facing unfair dismissal, workplace discrimination, wage disputes, or breach of employment contract.

Employers & HR Departments

Drafting employment contracts, managing terminations, enforcing restrictive covenants, and defending compensation claims.

Foreign Nationals & Expatriates

Navigating employment rights, visa requirements, and termination issues in Hong Kong.

Professionals & Senior Executives

Negotiating severance packages, enforcing contractual entitlements, and defending restrictive covenants.

Trade Unions & Employee Groups

Advising on collective bargaining, statutory rights, and workplace grievances.

Companies Undergoing Restructuring

Managing redundancies, workforce reductions, and compliance with statutory obligations.

1. Employment Contracts & Termination

The employment contract is the foundation of the employer-employee relationship. A well-drafted contract prevents disputes; a poorly drafted one invites them. We advise on all aspects of employment contracts and termination:

Drafting & Reviewing Employment Contracts

We draft bespoke employment contracts that comply with Hong Kong's Employment Ordinance and reflect the specific requirements of your business or role. We address:

Job scope and duties.

Remuneration and benefits.

Termination clauses and notice periods.

Restrictive covenants (non-compete, non-solicitation, confidentiality).

Intellectual property ownership.

Disciplinary procedures and grievance mechanisms.

Unfair Dismissal Claims

Under the Employment Ordinance, an employer cannot dismiss an employee without valid reason. A dismissal is "unfair" if it is based on:

Trade union membership or activities.

Pregnancy or maternity leave.

Illness or injury (employees' compensation).

Discrimination on protected grounds.

Exercising statutory rights (e.g., taking sick leave or filing a complaint).

We represent employees in unfair dismissal claims before the Labour Tribunal and the District Court, seeking reinstatement, compensation, and legal costs.

Wrongful Termination & Breach of Contract

If an employer terminates an employment contract without proper notice or fails to pay contractual entitlements (severance pay, bonuses, commission, or accrued leave), we pursue claims for breach of contract. We act for both employees seeking unpaid sums and employers defending such claims.

Severance & Long Service Payments

We advise on entitlement to severance pay and long service payments under the Employment Ordinance, including calculation of the statutory amount and the circumstances in which these payments are triggered.

2. Wage & Benefits Disputes

Wage disputes are among the most common employment law matters in Hong Kong. We handle claims involving:

Unpaid Wages & Overtime

We pursue claims for unpaid wages, overtime, and other contractual entitlements. We advise on the statutory minimum wage and the calculation of overtime under the Employment Ordinance.

Bonuses & Commission Disputes

Disputes over discretionary bonuses and commission payments are increasingly common. We advise on whether bonuses are contractual (and therefore enforceable) or discretionary, and pursue claims for unpaid commissions.

MPF & Retirement Benefits

We advise on disputes arising from the Mandatory Provident Fund (MPF) system, including non-payment of contributions and claims for accrued benefits.

Allowances & Reimbursements

We pursue claims for unpaid allowances (housing, travel, education) and expense reimbursements provided for under the employment contract.

3. Non-Solicitation & Restrictive Covenant Enforcement

Restrictive covenants protect an employer's legitimate business interests—including confidential information, client relationships, and workforce stability. But they must be carefully drafted to be enforceable. We advise on:

Non-Compete Clauses

Preventing former employees from competing with the employer for a specified period and within a defined geographic area. We advise on the enforceability of non-compete clauses under Hong Kong law and represent clients in disputes.

Non-Solicitation Clauses

Preventing former employees from soliciting clients, customers, or other employees of the former employer. We draft enforceable non-solicitation clauses and pursue injunctive relief when they are breached.

Confidentiality & Non-Disclosure Agreements

Protecting trade secrets, client lists, and other confidential information. We draft robust confidentiality agreements and pursue claims for breach of confidence.

Enforcement & Injunctive Relief

When a restrictive covenant is breached, time is critical. We apply for urgent interlocutory injunctions to prevent further breaches and preserve the status quo pending trial. We also defend employees accused of breaching restrictive covenants.

4. Workplace Discrimination & Harassment

Hong Kong has robust anti-discrimination legislation, including:

Sex Discrimination Ordinance.

Disability Discrimination Ordinance.

Family Status Discrimination Ordinance.

Race Discrimination Ordinance.

We advise employees who have experienced unlawful discrimination or harassment in the workplace, and we defend employers against such claims. We also provide training and policy advice to employers seeking to maintain compliant and inclusive workplaces.

5. Employment Tribunal Representation

We represent clients before:

The Labour Tribunal – for claims up to $15,000 involving unpaid wages, statutory entitlements, and breach of contract.

The District Court – for claims exceeding the Labour Tribunal's jurisdiction and for common law claims.

The Court of First Instance – for injunctive relief, complex employment disputes, and restrictive covenant enforcement.

The Employees' Compensation Division of the District Court – for compensation claims.

7. Employment Policy & Compliance Advisory

We advise employers on:

Drafting employment handbooks and internal policies.

Compliance with the Employment Ordinance, Minimum Wage Ordinance, and other statutory obligations.

Managing redundancies, layoffs, and workforce restructuring.

Responding to Labour Department investigations and inquiries.

Employment records retention and data privacy compliance under the Personal Data (Privacy) Ordinance.

Whether you are an employee facing unfair treatment or an employer seeking to enforce contractual rights, the decisions you make today will have lasting consequences for your career and your business. At Jal N. Karbhari, Solicitors & Notary, we provide the legal expertise, strategic guidance, and relentless advocacy you need to achieve the best possible outcome.

Contact our Labour & Employment Law lawyers in Hong Kong today for a confidential case assessment.

Call us: +(852) 2367 7577
Email us: inquiries@karbharilaw.com

Visit us:
Rooms 703-705, 7/F, Cheung Lee Commercial Building, No. 25 Kimberley Road, Tsim Sha Tsui, Hong Kong