The Difference and Commonalities Between the Labor Law of Mainland China and Hong Kong

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The different Labour law requirements between Mainland and Hong Kong

The Labour Law of China is the law formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, readjust labor relationship, establish and safeguard a labor system suited to the socialist market economy, and promote economic development and social progress.

This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within the boundary of the People’s Republic of China and laborers who form a labor relationship therewith.

State organs, institutional organizations and societies as well as laborers who form a labor contract relationship therewith shall follow this Law.

In Hong Kong, the Employment Ordinance is the main piece of legislation governing conditions of employment. Since its enactment in 1968, the benefits provided for under the Ordinance have been substantially improved. It now covers a comprehensive range of employment protection and benefits for employees.

This assignment aims to describe and compare the regulatory requirements in different aspects of human resources management between Mainland China and Hong Kong. |Probationary Period | |HK |China | |In HK, there is no restriction regulating the probation period. Employers have |In accordance with Article 21 of the Labour Law of China, a probation period may be | |greater flexibility in establishing probation period based on the job requirements|agreed upon in a labor contract. The longest probation period shall not exceed six | |of their own. The norm is 3 months, which may be extended or shortened, as the |months. Generally, for labour contracts of 6 months or above, probation period will be | |company may consider necessary. |allowed. | | | | | |In accordance with Article 19 of Labour Contract Law of China, the allowable probation | | |periods are shortened as follows: | | | | | |Contract Period | | |Allowable Probation Period | | | | | |3 months to less than 1 year | | |1 month | | |...
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