Book | First Supplement to Employment Law and Practice in Hong Kong

The First Supplement to Employment Law and Practice expands the breadth of the First Edition by covering the subject of restrictive covenants, an area typically misunderstood by employers, employees and employment lawyers alike.  During the subsistence of an employment relationship neither employee nor employer takes particular heed of such clauses, generally referred to as “non-competition” or “non-solicitation” clauses.  Scrutiny almost always comes upon the termination of employment, typically when a valued employee announces that he or she is about to join a competitor.  It is at this point that both parties focus on the exact language of the relevant clauses, and invariably consult an employment lawyer.  Whilst the construction of restrictive covenants is more of an art that a science, there are common themes and principles which can be of guidance to both parties on the question of enforceability.   The aim of the new section to the Book is to simplify this otherwise complex and confusing area of employment law.