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Produced by:
Tripartite Committee on the Property Management Industry
Workplace Consultation Promotion Division, Labour Department
Contents of the Guidebook
Foreword 2
Recruitment and Selection 4
Staff Training and Development 7
Employer-Employee Communication 13
Employment Terms 18
Useful Contacts 25
1
Foreword
The property management industry of Hong Kong always strives for
professional excellence and advancement to provide quality service
to its clients. Many employers of the industry realize that establishing
partnership with employees is key to enhancing their service quality and
competitiveness. Thus, many enterprises have implemented a wide array
of good people management practices to build an efficient and effective
workforce.
In an effort to enhance the labour relations of the property management
industry, members of the Tripartite Committee on Property
Management Industry agreed to produce this guidebook to consolidate
major points-to-note and examples of good people management practices
of the industry in respect of recruitment and selection, staff training and
development, employer-employee communication and employment terms
for reference of establishments of the industry.
Given the vast coverage of people management and the many good
practices adopted by employers of the property management
industry, we could hardly cover all of them. Notwithstanding this, we
have made every effort to list out some good examples and it is hoped
that the points-to-note and examples illustrated in this guidebook could
stimulate employers and practitioners of the industry to implement good
people management practices.
The members of the Tripartite Committee are as follows (in
alphabetical order):
Employers’ Associations
The Hong Kong Association of Property Management Companies Ltd
Employees’ Trade Unions
Building Supervisors & Caretakers Union
Hong Kong Building Management and Security Workers General Union
Hong Kong Housing Management Employees Union
2
Property Management Administrative and Clerical Staff Association
The Hong Kong General Union of Security & Property Management
Industry Employees
Professional Body
Hong Kong Institute of Housing
Employer Organizations
EastPoint Property Management Services Ltd
First Pacific Davies Property Management Ltd
Goodwell Property Management Ltd
Guardian Property Management Ltd
Hang Lung Development Co. Ltd
Hang Yick Properties Management Ltd
Hong Yip Services Co., Ltd
Hutchison Whampoa Properties
JLW Management Services Ltd
Kai Shing Management Services Ltd
Sino Administration Services Ltd
Swire Properties Management Ltd
Synergis Management Services Ltd
Urban Property Management Ltd
Well Born Real Estate Management Ltd
3
RECRUITMENT AND SELECTION
In today’s highly competitive market, engaging staff with quality and
appropriately matching them to the jobs are vital for enterprises to
have an edge over their competitors. Actually, the property management
industry encompasses a variety of specialties. People engaged in the
industry need to possess a variety of expertise and high level of skills to
be able to effectively manage the properties and facilities to meet the
escalating expectation of customers.
Major Points-to-Note – Recruitment
atching suitable employees for the job is the first step of Mrecruitment. To attract and secure the best suitable candidates, an
employer should, before the actual recruitment exercise:
� Conduct job analysis to identify the job requirements and necessary
attributes of the applicants.
� Draw up the job specifications objectively and precisely, and list
out the tasks, responsibilities and terms and conditions of
employment, as well as the qualifications for assuming the post.
� Decide on the recruitment mode and scale and the assessment
content according to the qualities of the talent required.
Major Points-to-Note – Selection
In the course of preliminary screening and deciding on who is the most
suitable candidate, an employer should:
� Adopt a set of standardized selection criteria to assess the
capabilities of the applicants so as to reduce prejudice and avoid
discrimination.
� Solicit from the applicant only essential information pertaining to
the selection and refrain from making unnecessary enquiries, in
order not to give an impression of discrimination against the
applicant.
� Abide by the Personal Data (Privacy) Ordinance and keep the
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employees’ particulars in confidence.
� Review and re-assess the recruitment and selection methods on a
regular basis so as to ensure that they meet the need of the jobs.
� Ensure that recruitment and selection are conducted by appropriate
and competent people or by human resources management staff or
the supervisory staff of the department of vacant post whenever
necessary.
To attract more talent so that the most suitable employee could be
selected, an employer should observe the principles of equal
employment opportunities and let the job seekers and employees:
� Compete on equal terms based on their abilities, competencies and
knowledge.
� Not be discriminated on grounds of sex, marriage status, pregnancy,
age, family responsibilities, race, nationality or religion.
By so doing, an employer would not only gain the trust and respect
from the employees, but also cultivate in them a sense of belonging
and work enthusiasm.
Examples of Good People Management Practices of the Property
Management Industry
� Many property management companies conduct job analysis to
identify the job requirements of the post before recruitment. They
also select job seekers basing solely on whether their education
level, work experience and job skills match the job requirements in
accordance with the principle of fairness and equal pay for equal
work.
� Many employers of the industry draw up guidelines to set out
clearly the procedures for recruitment, selection and interview, the
level of personnel to conduct interviews, make engagement
decision, determine wage level and the person responsible for
review. The employers also review and revise the guidelines
regularly to ensure that they suit the changing needs of the
company.
5
� Some employers provide training to staff responsible for
recruitment to make sure that they select job seekers according to
their working capabilities and the principle of fairness.
� Quite a number of property management companies have already
adopted a fair policy. Some of them even state it clearly in their
employees’ handbook that their policy is: “striving to prevent and
eliminate any discrimination or harassment basing on someone’s
disabilities, family status, gender, martial status or pregnancy and
to provide every employee with a working environment of equal
opportunities and that is discrimination-free”.
Good People Management Practices Checklist
In the process of recruitment and selection, have your company…..
� Conducted job analysis to identify the job requirements and
necessary attributes for taking up the vacant post?
� Provided precise information on the job requirements so as to
allow job seekers to get hold of the relevant information and make
sure they meet the relevant requirements?
� Decided on the recruitment and selection methods and designed
assessment details according to the requirements of the post?
� Adopted a set of standardized selection criteria to assess the
capabilities of the applicants and ensured that the criteria contain
no prejudice or discrimination elements?
� Ensured that information obtained from the applicants and the
interview questions contain no discrimination elements and the
information is handled in accordance with the Personal Data
(Privacy) Ordinance?
� Reviewed the recruitment and selection methods on a regular basis
and made sure that they are conducted by appropriate personnel so
as to match with the corporate development direction and strategy?
6
STAFF TRAINING AND DEVELOPMENT
To meet the rising expectation of customers on the quality of property
management service, the property management industry always
works towards professional development and excellence. Employees in
the trade have to equip themselves with knowledge on different aspects,
e.g. management, finance, legal matters, information technologies,
customer service, etc. Property management staff can also raise their
professional standard through participating in the trade skills test and
training courses recognized by the industry and promulgated by the
government.
In fact, many employers of the property management industry realize
that proper nurturing of employees and letting them excel in their post
is not only beneficial to the individual staff, but can also enhance the
service quality and sharpen the competitive edge of the company.
Therefore, quite a number of property management companies place great
emphasis on devising training policy and plan.
Major Points-to-Note
� To enable employees to better fit into their jobs and the corporate
culture, training provided by employers to employees should
include:
� Proper induction training to familiarize with the company’s
operations, working environment, workflow, company policy
as well as rights and obligations of employees themselves.
� Other work-related training to top up the employees who have
less exposure in terms of education, training and experience in
the past.
� Training on occupational safety and health.
� Retaining the talent and sustaining their enthusiasm at work is
indispensable to the continuous development of the company. To
achieve this, an employer should offer continuous training to
employees so as to enhance their job-related skills and knowledge
and provide them with development opportunities. 7
� To ensure the training is effective, an employer should assess the
training needs of employees, which are mainly based on –
� Forthcoming job responsibilities that require new skills.
� Problems arose from work performance.
� Skills and career development.
� An employer should also provide employees with the latest training
information, allocate resources effectively and provide assistance
whenever and wherever necessary, e.g. arrange employees to attend
on-the-job training during duty hours if possible, subsidize and
encourage employees to take up training courses after work.
� Whenever training opportunities arise, an employer should make
sure employees are considered fairly and adopt objective and set
standard when selecting the attendants.
� Collect employees’ views on the training courses and assess the
effectiveness of the training schemes regularly to facilitate making
the necessary improvement and adjustment.
Examples of Good People Management Practices of the Property
Management Industry – Induction Training
� Many property management companies assign training officers or
staff of the human resources department to provide professional
training courses to familiarize new recruits with the company’s
background, structure, performance pledges, staff rights and
benefits, duties and obligations, etc. so as to help them adapt to
the new working environment.
� To highlight the management’s concern for employees and to
increase employees’ work enthusiasm and sense of belonging,
some companies arrange sessions for members of senior
management to brief new recruits on the development direction,
policy and internal and daily operation of the company.
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� Before newly recruited security guards formally take up their
duties, quite a number of employers arrange them to attend internal
training courses to increase their knowledge on security work and
the Security and Guarding Services Ordinance.
Examples of Good People Management Practices – On-the-job
Training
� Apart from induction training, most property management
companies regularly organize in-house training courses and
workshops to help their employees enhance their work knowledge
and skills.
� To cater to the needs of employees in respect of knowledge,
service attitudes and skills, these courses touch upon different
aspects. For example, besides courses as required by the
government such as security guard training, fire prevention and
safety, Prevention of Bribery Ordinance, many companies also
provide training on computer usage, quality management,
ordinances related to property management, customer service,
language training, etc. These courses are taught by experienced
staff and whenever necessary, the employers will also engage
outside instructors.
� Apart from in-house training, many property management
companies also encourage and subsidize employees to take
job-related courses offered by external bodies and related
examinations to continuously upgrade themselves and keep in
pace with the development and business needs of the company.
� Some property management companies not only publicize their
training courses and activities through in-house publications, but
also set up in-house library, case study database, intranet, etc, to
help staff flexibly enrich their job skills and know-how.
� Many employers of the industry conduct regular “staff training
questionnaire survey” to find out the training needs of employees
and organize the necessary courses. They also review the
effectiveness of the courses on a regular basis.
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� Besides, some established employers of the industry request
supervisory staff of all levels to take note of and submit the
training and development needs of their subordinates. The
information will be given to the management or training team
which will work out the training objectives of the coming year,
after taking into account the different jobs and number of
employees involved. The human resource department will then
organize and arrange the training courses and timetable to suit the
development needs of individual employee and the business plan
of the company.
� Most employers of the industry recognize the importance of
training and are willing to invest in grooming their employees.
Some employers even do not set any limit on training expenses
when budgeting. Besides, they also reserve a certain amount of
training subsidy for every employee annually.
Examples of Good People Management Practices of the Property
Management Industry – Staff Development
� Many employers devote much to groom employees with potentials
to enhance their work knowledge and skills and expand their room
for development. This includes enrolling them to courses relating
to management techniques, total quality management,
enhancement of quality of customer service, etc, to equip them to
take up management duties later.
� Some established companies arrange mentor scheme for
supervisory staff with good potentials. Senior management staff are
assigned to be the mentors and the mentees will be arranged to
perform a wide range of management tasks so as to increase their
management experience and exposure and pave way for
succession.
� Many employers arrange regular job rotation for staff to try work
of different levels and natures and help them excel in their
personal career.
10
� Quite a number of property management companies accord priority
to internal staff when vacancies of promotional ranks arise to give
employees more room for development. Selection criteria for
promotion are based on an employee’s job performance, attendance
record, interpersonal relationship and whether he possesses the
knowledge and skills required at the promotional rank.
� Property management is a service industry, many employers
cultivate team spirit and a service spirit among employees
through establishing partnership with them, such as inviting staff
of different ranks to participate in setting up the company’s yearly
work focus, e.g. fire prevention, cleaning, environmental
protection, etc.
� Since property management places great emphasis on providing
quality service to its customers, many employers of the industry
publish “customer service handbook” to provide their employees
with a benchmark for quality customer service.
� As property management industry is heading towards more
professional development, it needs talents from various
disciplines to enhance its service level. Many employers of the
industry collaborate with the Employees Retraining Board to
provide courses that suits the need and development of the
industry. Some companies not only send representatives to be the
course advisors but also arrange their staff to teach the courses or
provide internship or employment opportunity to the course
participants. This results in a win-win scenario: course
participants with wide social experience could turn a new page in
their career life while the industry is blessed with the required
new talents.
� Many property management companies organize regular
“experience-sharing meetings” for building managers to exchange
tips and experience in handling different incidents. Besides, they
also encourage staff to actively participate in committees or
working groups on service and quality improvement in order to
enrich their work know-how and skills.
11
Good People Management Practices Checklist
� Does your company provide new recruits with:
� Induction training?
� Mentor scheme?
� On-the-job training?
� Job safety and health training?
� When devising training plans and projects, does your company:
� Assess the training needs of employees?
� Provide employees with training to help them with their career
development?
� Take into account whether the plans align with its
development direction and strategy?
� In arranging or recommending employees to undergo training, does
your company ensure employees with different educational and
skills level and age receive the same training opportunities?
� Does your company collect views of employees on training courses
and evaluate the effectiveness of these courses regularly and revise
them where necessary?
12
EMPLOYER-EMPLOYEE COMMUNICATION
The property management industry is a service industry. Many
employers of this industry understand that in order to provide
customers with quality and cost-effective service, apart from recruiting
and nurturing talents, it is equally important to retain them through good
communication and proper commendation. Since most of their employees
are deployed to different workplaces and work on shift duties, many
companies set up various communication channels and mechanism to
strengthen communication with them. The company can then get a grip
on the employees’ needs while disseminating to them the company’s
development plans and strategy in the speediest manner. This helps
reduce misunderstandings between management and employees and
establish mutual trust. Furthermore, many employers place great
emphasis on enhancing employees’ work enthusiasm through
commending and rewarding them, thus building up a highly motivated,
dedicated and efficient customer service team.
Major Points-to-Note
To formulate effective employer-employee communication, an
employer should take note of the followings –
� An employer should be prepared to communicate with and consult
employees on any changes affecting them, such as alteration of work
schedule and procedures or issues pertaining to the employment.
� An employer should also consult, if any, staff associations, trade
unions or joint consultative committees.
� Effective employer-employee communication should possess the
following features -
♣ Support from both senior managerial staff and general
employees.
♣ Information to be communicated should be objective, clear and
concise.
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♣ Regular and systematic.
♣ Bilateral communication to ensure free exchange of views.
� An employer should review the employer-employee communication
mechanism and channels regularly to make sure they are effective.
Examples of Good People Management Practices of the Property
Management Industry – Communication Channels
� Many property management companies make use of their in-house
publications to publicize the work of staff of different job natures
and to acknowledge and commend outstanding performance of
employees. Staff are also welcome to contribute articles to these
publications. This fosters bilateral communication between
management and employees, increases mutual understanding as well
as reduces unnecessary disputes.
� As employees are deployed to work in different locations, some
employers arrange building supervisors to attend the various work
locations to explain every circular to the staff to ensure that
messages be put across clearly to every employee. Besides, some
companies designate a staff of officer rank in every estate / building
to collect views of staff working in that estate / building and report
them directly to the human resource department.
� Many established companies communicate with staff of all levels
and collect their views on work environment, conditions of
employment, training and promotion opportunities through
questionnaires, informal gatherings, etc.
Examples of Good People Management Practices of the Property
Management Industry – Rewarding Schemes
� Some property management companies organize different
suggestion schemes regularly to encourage employees to suggest
ways on improving the environment, cost-effectiveness, customer
service, tapping new resources and reducing expenses, etc.
Through these schemes, employers can strengthen communications
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with employers, inculcate their commitment and arouse their
awareness on enhancing service quality. For example, in one
company, an employee suggested measures to reduce the use of
electricity. This would not only reduce the expenses of the property
and help protect the environment but also encourage employees to
find ways to increase the productivity and competitiveness of the
company.
� To motivate and commend outstanding employees for their
continuous effort in improving their performance, many employers
launch a wide range of reward schemes such as “Best Employee”,
“Best Security Guard”, “Best Technician” or other service awards.
Apart from individual employee, the employers also commend
teams with outstanding performance with awards like “Best
Building Management”, “Best Managed Property”, “Best Quality
Circle Proposal”, etc. These help boost the team spirit of
employees and their sense of belonging to the company.
� Apart from awards, property management companies also use other
channels to commend employees with outstanding performance.
These include publicizing the story of the awardees in their
in-house publications and commendation letters given to
employees by customers, District Councilors, Police, Fight Crime
Committee, etc.
Examples of Good People Management Practices of the Property
Management Industry – Bilateral Communication
� Many property management companies conduct employees
opinion survey every year to collect employees’ views on
property/divisional operation, remuneration & promotional
prospect, personnel & benefits system, working environment &
facilities, training & development, uniforms, etc. After studying
and following up on the collected data, the companies work out
resolution measures/plans and announce them through in-house
publications and various communication channels. If employees’
requests could not be met, the employers would explain the
reasons behind to make sure that the employees understand the
company’s stance and avoid misunderstanding.
15
� Quite a number of companies let employees get to know the
company’s policies and development as well as express their
opinions through the intranet. The Management will also take the
initiative to explain the reasons and objectives of the policies and
accept the feasible suggestions.
� To enhance communication between employees and the company
and among employees, many property management companies set
up different committees such as quality management committee,
staff activities committee, quality improvement committee,
security and project staff group, etc. Through these committees,
employees can exchange work experience with one another and
reflect their views to the company. This not only let them know
that the company place much importance on their views thus
cultivate job satisfaction and sense of belonging but also helps the
company improve its service quality.
� Some enlightened employers of the industry consult their staff
before setting the company’s objectives and mission or corporate
culture. Once the mission, objectives or policy is set, the
companies inform them to all staff in different manners to ensure
all levels of staff understand the development direction of the
company and work together to achieve good result.
Examples of Good People Management Practices of the Property
Management Industry – Management Commitment
� The managing director of a property management company set
aside one day every week to meet staff of all levels to share with
them their work experience and ups and downs. He also announces
through in-house publications the follow-up actions taken on the
opinions reflected by employees and explains the reasons behind if
staff’s suggestions could not be implemented.
� Directors of some companies pay regular visits to various buildings
to communicate directly with the staff and get a grasp of the
difficulties they encountered in their daily work and listen to their
suggestions.
16
� Many companies set up committees of various function areas that
are composed of directors, managerial staff and employees of
different levels. Through these committees, the company can
collect views from staff directly on human resource and
development, industrial safety, building operation, quality
monitoring and environment protection. Team spirit is also
strengthened as staff can get to know the operation of the company
more clearly.
Good People Management Practices Checklist
� Has your company set up effective mechanism to collect the views
and suggestions of staff?
� Are all staff of your company aware that they can express their
opinions through the relevant mechanism?
� Do your company ensure that views and suggestions collected from
staff will be followed-up and the relevant results or responses are
announced openly to them?
� Do senior managerial staff and general employees support the
existing communication machinery of our company?
� Are the existing communication channels of your company able to
encourage effective and open bilateral communication between
management and staff?
� Does your company regularly evaluate the effectiveness of the
communication policy and channels in force and assess if there is
any room for improvement?
17
EMPLOYMENT TERMS
Agreeing on the conditions of employment is an important procedure
in the establishment of an employment relationship. Employers and
employees should be mindful of the following when negotiating and
agreeing on their conditions of employment:
� Employment-related ordinances, such as:
� Employment Ordinance (Cap. 57)
� Employees’ Compensation Ordinance (Cap. 282)
� Sex Discrimination Ordinance (Cap. 480)
� Disability Discrimination Ordinance (Cap. 527)
� Family Status Discrimination Ordinance (Cap. 527)
� Mandatory Provident Fund Schemes Ordinance (Cap. 485)
� Personal Date (Privacy) Ordinance (Cap. 486)
� Occupational Safety and Health Ordinance (Cap. 509) and
related ordinances
(It should be noted that the ordinances themselves remain the sole
authority for the provisions of the law explained. For details, please
browse Hong Kong e-Legislation (HKeL) at the homepage of the
Department of Justice at http://www.elegislation.gov.hk.)
� Set the wages at a reasonable level. This does not only attract and
retain outstanding talents but also helps sustain staff morale.
� Arrange appropriate numbers of work hours for employees to avoid
asking them to work long hours. Apart from having adverse impact
on the health of employees, working long hours will reduce their
work efficiency and productivity.
� The terms of an employment contract should not reduce the rights
and benefits conferred upon employees by the Employment
Ordinance. According to section 70 of the Employment Ordinance,
any term of an employment contract which purports to extinguish or
reduce any right, benefit or protection conferred upon the employee
by the Ordinance shall be void.
18
Employment Ordinance – major points-to-note
Employment Ordinance is the major piece of legislation governing
conditions of employment in Hong Kong. According to the
Ordinance, employees are entitled to different protection and benefits.
This section sets out in simple terms some major provisions of the
Ordinance. For further information on the Ordinance, please refer to the
“A Concise Guide to the Employment Ordinance” published by the
Labour Department.
Provisions on wage payment and deduction of wages
All employees, be they full-time employees, part-time employees,
casual workers or substitute workers, and irrespective of their hours
of work, are entitled to wage protection under the Ordinance. Employers
should be mindful of the following:
� Pay wages to employees as soon as practicable but in any case not
later than seven days after the end of the wage period or the day of
termination of employment.
� An employer is prohibited from deducting wages from his
employees, except under the following circumstances:
(1) deductions for absence from work. The sum to be deducted
should be proportionate to the period of time the employee is
absent from work.
(2) deductions for damages to or loss of the employer’s goods,
equipment, or property by the employee’s neglect or default.
In any one case, the sum to be deducted shall be equivalent to
the value of the damage or loss but not exceeding $300. The
total of such deductions shall not exceed one quarter of the
wages payable to the employee in that wage period.
(3) deductions for the recovery of any advanced or over-paid
wages to the employee. The total sum to be deducted shall not
exceed one quarter of the wages payable to the employee in
that wage period.
(4) deductions of the value of food and accommodation the
employer supplies to the employee.
19
(5) deductions, at the written request of the employee, in respect
of contributions to be paid by the employee through the
employer for any medical scheme, superannuation scheme,
retirement scheme or thrift scheme.
(6) deductions, with the employee’s written consent, for the
recovery of any loan made by the employer to the employee.
(7) deductions which are required or authorized under any
enactment to be made from the wages of the employee.
(8) deductions for outstanding maintenance payment owed by the
employee pursuant to the Attachment of Income Order issued
by the court.
� Deductions under items (1) to (7) shall have priority over item (8).
Unless with the approval in writing of the Commissioner for
Labour, the total of all deductions, except those for absence from
work and outstanding maintenance payment, made in any one
wage period shall not exceed one half of the wages payable in that
period.
� Employers should note that other than the statutory deduction items,
they are not allowed to deduct wages of employees under any other
names, such as uniform fee, training fee, administration fee, etc.
Granting of statutory benefits
� Irrespective of their hours of work, employers should give 12 days
statutory holidays to their employees every year. If the employer
requires the employee to work on a statutory holiday, the employer
should give not less than 48 hours’ prior notice to the employee and
arrange an alternative holiday for the employee which should fall
within 60 days before or after the statutory holiday. If the employer
and employee agree, any day within 30 days before or after the
statutory or alternative holiday may be taken by the employee as a
substituted holiday.
� An employee who is employed under a continuous contract (an
employee who has been employed continuously by the same
employer for four weeks or more, with at least 18 hours worked in
each week is regarded as being employed under a continuous
contract) is further entitled to the following benefits:
20
21
� Statutory holiday pay (if the employee has been employed for
not less than three months immediately preceding a statutory
holiday).
� Not less than one rest day in every period of seven days. An
employer may substitute some other rest day with the consent
of the employee, in which case it must be within the same
month before the original rest day or within 30 days after it.
� Sickness allowance – if the employee has accumulated
sufficient number of paid sickness days and the sick leave
taken is not less than four consecutive days and supported by
an appropriate medical certificate.
When a female employee is absent from work to attend
medical examination in relation to her pregnancy, post
confinement medical treatment or miscarriage, any day on
which she is absent shall be counted as a sickness day and she
will be entitled to sickness allowance if she has accumulated
sufficient sickness days and provided appropriate medical
certificate.
� Maternity leave – a female employee is entitled to 10 weeks’
maternity leave if she has given notice of pregnancy to her
employer.
� Maternity leave pay – if the employee has been employed for
not less than 40 weeks immediately before the commencement
of scheduled maternity leave and has given notice of
pregnancy and her intention to take maternity leave to her
employer.
� Paid annual leave – an employee’s entitlement to paid annual
leave increases progressively from seven days to a maximum
of 14 days according to his length of service.
� Severance payment – if the employee has been employed for
not less than 24 months and is dismissed by reason of
redundancy or is laid off.
� Long service payment – if the employee has been employed
for not less than five years, and:
- is dismissed other than by reason of serious misconduct or
redundancy;
- resigns on ground of ill health;
- is aged 65 or above and resigns on ground of old age; or
- dies in service.
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Stipulation on termination of contract of employment
� Except within the first month of probation, an employer or
employee has to give due notice or wages in lieu of notice to
terminate a contract of employment.
� An employer may summarily dismiss an employee without notice
or payment in lieu of notice if the employee, in relation to his
employment:
� willfully disobeys a lawful and reasonable order;
� misconducts himself;
� is guilty of fraud or dishonesty; or
� is habitually neglectful in his duties.
� Employers should note that summary dismissal is a serious
disciplinary action. It only applies to cases where an employee has
committed very serious misconduct or fails to improve himself
after the employer’s repeated warnings.
� An employer shall not dismiss an employee under the following
circumstances:
� after a female employee has been confirmed pregnant and has
served a notice of pregnancy, except in cases of a summary
dismissal due to serious misconduct.
� whilst an employee is on paid sick leave, except in cases of a
summary dismissal due to serious misconduct.
� before having entered into an agreement with an injured
employee for employee’s compensation or before the issue of
a certificate of assessment.
� Beside, an employer shall not dismiss an employee:
� by reason of his giving of evidence or information in any
proceedings or inquiry in connection with the enforcement of
labour legislation, industrial accidents or breach of work
safety regulations; or
� for trade union membership and activities.
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(It should be noted that the Employment Ordinance itself remains the sole
authority for the provisions of the law explained. Please refer to the
“Useful Contacts” for enquiries services.)
Examples of Good People Management Practices of the Property
Management Industry
� Many property management companies understand the
importance of setting forth clear disciplinary policies. Apart from
establishing clear grievance and disciplinary procedures to ensure
fair and reasonable treatment for every employee, the companies
also post the relevant procedures in conspicuous places for the
notice of all staff.
� Many employers of the industry do not resort to dismissal hastily.
Coaching and training are provided to staff with unsatisfactory
performance to help them improve. If a staff violates the
company’s rules of conduct and discipline, investigation team will
be appointed to handle the case independently. The team will give a
fair hearing to staff and handle the case in a fair, reasonable and
lawful manner and without discrimination.
� Despite the keen competition of the industry, some property
management companies review and revise employees’ benefits
annually or regularly and provide conditions of employment to
employees that are better than that as stipulated in the Employment
Ordinance, for example:
� Some employers give their employees more days of paid
annual leave than the statutory 14 days maximum.
� Staff are entitled to six consecutive days paid marriage leave.
� Some employers grant three days paid compassionate leave
to employees on the death of their immediate family
members.
� Apart from statutory sickness allowance, some employers also
provide medical allowances to their employees.
� Some employers give their employees special rewards for
their wedding / newborn baby and donations to help with
funeral matters in cases of tragedy.
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� These examples indicate that employers of the property
management industry not only understand and comply with their
liabilities under the Employment Ordinance but are also aware
that providing better benefits and protection to their employees
together with establishing clear and fair grievance and
disciplinary procedures are essential to enhancing staff morale
and team spirit.
Good People Management Practices Checklist
� Has your company explain clearly to new recruits their conditions
of employment, such as wage rate and period, notice period for
termination of contract, etc before employment commences?
� Has your company entered into written employment contract with
employees and give one copy of the contract to them for retention
and reference immediately after it is signed or validated?
� Has your company made sure that the terms of employment
contracts comply with the law?
� When taking out disciplinary actions, does your company:
� Set out the relevant procedures clearly?
� Make sure that all staff are aware of the relevant regulations
and procedures?
� Handle all cases according to the established rules and
procedures to ensure fairness treatment?
USEFUL CONTACTS
Labour Department • Homepage:http://www.labour.gov.hk• Interactive Employment Service : http://www.jobs.gov.hk• Enquiry Hotline:2717 1771 (the hotline is handled by “1823”)
Enquiry in person to Offices of the Labour Relations Division:http://www.labour.gov.hk/eng/tele/lr1.htm
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Other Organizations Equal Opportunities Commission • Tel. : 2511 8211• Fax: 2511 8142
Office of the Privacy Commissioner for Personal Data, Hong Kong • Tel.: 2827 2827• Fax: 2877 7026
Employees Retraining Board • Tel.: 2311 6306• Fax: 2314 2214
Mandatory Provident Fund Schemes Authority • Tel.: 2918 0102• Fax: 2259 8806
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