Skip navigation
Skip navigation

Section 70 of the employment ordinance: Does it stand in the way of employers and employees settling matters once and for all?

Bindon, Prue

Description

Section 70 of the Employment Ordinance prevents an employer from agreeing with an employee to reduce or extinguish, in the contract of employment between them, the minimum rights and benefi ts conferred on the employee under the Ordinance. While preventing "contracting out" of rights and benefi ts under the Ordinance is a critical part of achieving its aim of protecting employees, it is questionable how far s 70 goes in fettering the freedom of contract of employers and employees. This article...[Show more]

dc.contributor.authorBindon, Prue
dc.date.accessioned2015-12-10T23:33:13Z
dc.identifier.issn0378-0600
dc.identifier.urihttp://hdl.handle.net/1885/69185
dc.description.abstractSection 70 of the Employment Ordinance prevents an employer from agreeing with an employee to reduce or extinguish, in the contract of employment between them, the minimum rights and benefi ts conferred on the employee under the Ordinance. While preventing "contracting out" of rights and benefi ts under the Ordinance is a critical part of achieving its aim of protecting employees, it is questionable how far s 70 goes in fettering the freedom of contract of employers and employees. This article examines whether s 70 ought to be construed broadly enough to capture, not only contracts under which an employer agrees to engage a person as an employee, but also agreements that an employer and an employee may make at the conclusion of their relationship to fi nalise matters between them. This article examines the provision in light of its context and purpose and concludes that on a proper construction, s 70 should not be understood as extending so far. Moreover, while little consideration of this question can be found in case law, the weight of existing cases can be understood to support this conclusion.
dc.publisherUniversity of Hong Kong
dc.sourceHong Kong Law Journal
dc.titleSection 70 of the employment ordinance: Does it stand in the way of employers and employees settling matters once and for all?
dc.typeJournal article
local.description.notesImported from ARIES
local.identifier.citationvolume40
dc.date.issued2010
local.identifier.absfor180105 - Commercial and Contract Law
local.identifier.ariespublicationf2965xPUB1947
local.type.statusPublished Version
local.contributor.affiliationBindon, Prue, ANU College of Law, ANU
local.bibliographicCitation.issuePART 3
local.bibliographicCitation.startpage593
local.bibliographicCitation.lastpage608
dc.date.updated2015-12-10T11:25:45Z
local.identifier.scopusID2-s2.0-79955014371
dc.provenanceThe publisher permission to archive the version was granted via email, archived in ERMS6277856
CollectionsANU Research Publications

Download

File Description SizeFormat Image
01_Bindon_Section_70_of_the_employment_2010.pdf53.16 kBAdobe PDFThumbnail


Items in Open Research are protected by copyright, with all rights reserved, unless otherwise indicated.

Updated:  19 May 2020/ Responsible Officer:  University Librarian/ Page Contact:  Library Systems & Web Coordinator