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The following should be kept in mind when drafting PTRs: The onus is on the party seeking to rely on the PTR to show that the PTR is reasonable and ought to be enforceable Any ambiguity or uncertainty in the language of the PTR may give rise to a challenge that the PTR should be
Importance of seeking legal advice in relation to PTRs For employees: Legal advice over the enforce-ability and scope of the PTRs should be sought prior to joining a competitor. In case of a breach of an enforceable PTR, and employee may be liable to a claim of breach of contract and in some cases may even
Enforce-ability of PTRs The question of the enforce-ability of PTRs is now fairly settled. There are, broadly speaking, three key principles as follows: The court will decide what the PTR means, when properly construed The court will consider whether the employer has shown a legitimate interest to protect in relation to that employee’s employment. Employers’
Typical PTRsMost commonly, PTRs are used to restrict a departing employee for a specified period from: Joining competitors Poaching employees Soliciting clients or customers; and/or Dealing with clients or suppliers Depending on the departing employee’s connections to clients and suppliers, courts could be persuaded that sensible safeguards are necessary to protect an ex-employer’s customer connections
Appropriate and reasonable post-termination restrictions (PRTs) in employment contracts are an effective way to restrict the post-termination activities of a departing employee with the aim of protecting the employer’s business. The court will not fashion relief to an ex-employer who has not troubled to incorporate PTRs in the employment contract to protect its business interests.
The seasonally adjusted unemployment rate in Hong Kong rose to 6.2 percent in the three months to June 2020 from 5.9 percent in the previous period, but below market expectations of 6.4 percent. It was the highest jobless rate since the three months to January 2005, amid the coronavirus pandemic. The number of unemployed persons
The Eysenck Personality Inventory (EPI) measures two pervasive, independent dimensions of personality, Extraversion-Introversion and Neuroticism-Stability, which account for most of the variance in the personality domain. Each form contains 57 “Yes-No” items with no repetition of items. The inclusion of a falsification scale provides for the detection of response distortion. The traits measured are Extraversion-Introversion
PUBLIC HOLIDAYS 2020 & 2021; 2020; January 1st Wednesday New Year’s Day January 25th Saturday Lunar New Year’s Day January 26th Sunday The second day of Lunar New Year January 27th Monday The third day of Lunar New Year January 28th* Tuesday The fourth day of Lunar New Year April 4th Saturday Ching Ming Festival April
Calculating, Deducting and Remitting Contributions Employers and employees are each required to make regular mandatory contributions of 5% of the employee’s relevant income to an MPF scheme, subject to the minimum and maximum relevant income levels. For a monthly-paid employee, the minimum and maximum relevant income levels are $7,100 and $30,000 respectively. The table below