Labour Regulating Authority

The Labour Regulating Authority (LRA) is an independent statutory body created in 2010 by the Employment Rights Ordinance and it has a number of duties. These are:

(a) to advise the Governor in Council and any relevant Council Committee on labour protection issues;

(b) to investigate and determine claims made by employees under the Ordinance; and

(c) to prepare and publish guidelines on best practice and codes of practice in employment protection for employers, employees and workers after consultation with the Governor in Council

On 16th August 2021 the LRA issued guidelines and codes of practice which are found below. These documents were issued after a one month consultation process followed by consultation with the Governor in Council. The guidance documents have been divided into ‘packs’ to assist those seeking information on particular topics. Sometimes there will be more than one document on a particular issue, for example on disciplinary procedures. All documents that are contained in a particular pack can be downloaded by clicking on the pack title.

The documents are aimed at employers and employees. The guidance and codes of practice are designed to ensure that all employers engage in best practice in the way that they treat employees, and that employees know what is expected of them and what their rights are. The codes of practice and guidance represent what the LRA considers best practice in employment law within the limitations of the Employment Rights Ordinance 2010. Employers may opt to provide more generous terms of employment than are provided for in the legislation.

When considering any claim brought before it the LRA will look to employers and employees to demonstrate that they have had regard to the guidance and codes of practice issued.

Labour Regulating Authority Guidelines and Codes of Practice.

The Contract of Employment Pack
1. GUIDANCE ON THE CONTRACT OF EMPLOYMENT
2. GUIDANCE ON AMENDING A CONTRACT OF EMPLOYMENT
3. SAMPLE CONTRACT OF EMPLOYMENT – STATEMENT OF INITIAL EMPLOYMENT PARTICULARS

The Disciplinary Procedures Pack
4. GUIDANCE ON DISCIPLINARY PROCEDURES
7. GUIDANCE ON CARRYING OUT AN INVESTIGATION
8. GUIDANCE ON APPEALING A GRIEVANCE OR DISCIPLINARY DECISION
9. SAMPLE DISCIPLINARY PROCEDURE – ANY ORGANISATION
10. SAMPLE DISCIPLINARY PROCEDURE – SMALL ORGANISATION
12. TEMPLATE LETTERS FOR EMPLOYERS IN GRIEVANCE AND DISCIPLINARY PROCEDURES
13. TEMPLATE LETTERS FOR EMPLOYEES IN GRIEVANCE AND DISCIPLINARY PROCEDURES
14. THE CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES

The Grievance Procedures Pack
5. GUIDANCE ON GRIEVANCE PROCEDURES
7. GUIDANCE ON CARRYING OUT AN INVESTIGATION
8. GUIDANCE ON APPEALING A GRIEVANCE OR DISCIPLINARY DECISION
11. SAMPLE GRIEVANCE PROCEDURE – SMALL ORGANISATION
12. TEMPLATE LETTERS FOR EMPLOYERS IN GRIEVANCE AND DISCIPLINARY PROCEDURES
13. TEMPLATE LETTERS FOR EMPLOYEES IN GRIEVANCE AND DISCIPLINARY PROCEDURES
14. THE CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES

The Capability Procedures Pack
6. GUIDANCE ON CAPABILITY PROCEDURES
7. GUIDANCE ON CARRYING OUT AN INVESTIGATION

The Dismissals Pack
15. GUIDANCE ON DISMISSALS

The Complaining to the Labour Regulatory Authority Pack
16. GUIDANCE ON COMPLAINTS TO THE LABOUR REGULATING AUTHORITY

The Leave Pack (including maternity leave)
17. GUIDANCE ON LEAVE FOR EMPLOYEES
18. GUIDANCE ON LEAVE FOR EMPLOYERS
19. CODE OF PRACTICE FOR EMPLOYERS ON REQUESTS FOR PART TIME WORK OR UNPAID LEAVE