Robertsons’ Employment Department provides advice and assistance to its corporate and individual clients on a wide spectrum of employment-related matters.
We work with both employers and executives in all aspects of establishing the employment relationship including the negotiation and drafting of service agreements, advising on bonus plans and other executive incentives and the structuring of a range of equity schemes including ESOPs, share award schemes, tracking stocks and phantom schemes and pre IPO share option plans.
We have considerable experience both advising on and drafting confidentiality, non-compete, non-poach and non-disparagement covenants for senior management. In conjunction with our Private Equity & Commercial Department, we also advise on the employment aspects of business transfers, takeovers and restructurings.
In addition, we work with overseas employers in preparing terms and conditions and handbooks for their local offices that comply with the requirements of Hong Kong employment laws.
We also advise on compliance issues including employers’ obligations for insurance, the application of the Mandatory Provident Funds Ordinance and data privacy issues, as well as local discrimination laws applicable to the workplace. In addition, we assist in immigration applications for overseas hires and their families, as well as applications to vary and renew visas.
Our Employment team also regularly assists clients in establishing termination strategies and in negotiating Separation Agreements. In cases where employees are believed to be harming the interests of the company, we are experienced in assisting clients to prepare for and conduct interviews leading to either the suspension or termination of the employees, as well as working with forensic teams to protect the interests of the employer.
We also have a significant track-record in making urgent interlocutory applications to prevent damage to employers by departing senior management, including the use of springboard injunctions.
More generally, we advise both employers and employees in disputes at the Labour Tribunal and in the higher courts.