Labour Tribunal

Labour law in Hong Kong governs the relationship between employers and employees. It aims to protect workers' rights and regulate employment conditions. Here is a description of employment law in Hong Kong and how a lawyer can help, taking into account that lawyers are not allowed to appear in the Labour Tribunal.

Labour law in Hong Kong is mainly governed by the Employment Ordinance and other related regulations. It covers various aspects of employment, such as employment contracts, working conditions, wages, leave, workplace safety and other rights.

When a dispute arises between an employer and employee, the usual recourse is to make a complaint to the Labour Department or the Labour Tribunal. The Labour Tribunal is a special court which deals with disputes relating to employment.

It is important to note that under the rules of the Labour Tribunal in Hong Kong, parties are generally not permitted to be represented by lawyers at hearings. This rule was put in place to make the process more informal, accessible and economical for the parties involved. This means that employees and employers must present their cases to the court themselves.

However, a lawyer can play a valuable role in Hong Kong employment law matters. 

1. Legal advice: An employment lawyer can provide valuable legal advice on the rights and remedies available to employees and employers. They can help interpret employment laws, evaluate the strength of a claim or defense, and provide advice on the best strategy to adopt.

2. Preparation of the case: A lawyer can help prepare the case by assisting the parties in gathering relevant evidence, formulate strong legal arguments, and organise necessary documents. They can also help parties understand court procedures and deadlines.

3. Mediation and negotiation: Before reaching the court stage, a lawyer can help the parties explore mediation or negotiation options to resolve the dispute amicably. They can provide advice on best practices for conflict resolution and help negotiate fair agreements.

4. Representation in other forums: Although lawyers are not permitted at the Labour Tribunal, there may be situations where an employment dispute requires legal representation before other courts or forums, such as other civil courts or the Equal Opportunities Commission.  Cases which begin at the Labour Tribunal are sometimes transferred to the High Court. Appeals against decisions of the Labour Tribunal are also possible. In such cases, a lawyer can represent the parties and argue their case.

Romain Pierre Levaire has knowledge of employment law in Hong Kong, and can advise on matters at the Labour Tribunal, or represent clients on the instructions of a solicitor in related proceedings, such as Appeals against a decision of the Labour Tribunal, or in proceedings transferred to the High Court.