Starting and Running a Business

A start-up has to engage and pay services of others. The service providers can be an individual or a corporation. There are different consequences in respect of the status as an "employee" or an "independent contractor". Basically, the laws impose more onerous burden on an employer on his or her employees.

The obligations of an employer can be found in a number of statutes. A business owner must make himself familiar with provisions under the Employment Ordinance, the Employees Compensation Ordinance, the various anti-discrimination legislations (in particular, provisions regarding sexual harassment in the Sexual Discrimination Ordinance), the Mandatory Provident Fund Schemes Ordinance and an employer's duty of care towards his fellow employees under common law. In addition, there is the Personal Data (Privacy) Ordinance which governs the collection, use, process and access of personal data identifiable with a living individual. The list is by no means exhaustive.