HR

The Official Journal of the Hong Kong Institute of Human Resource Management 香 港 人 力 資 源 管 理 學 會 會 刊

Human Resources

January/February 2019

人才薈萃

January/February 2019

HR Transformation – ­ the Gulf Between Action and Inertia

The Official Journal of the Hong Kong Institute of Human Resource Management 香港人力資源管理學會會刊

HKIHRM Annual Conference and Exhibition 2018 – Agility and Resilience in the Face of Continuous Change China Waives Work Permit Requirement for Taiwan, Hong Kong and Macau Employees 中國內地取消台港澳人員就業証的 規定

Duty of Care – How to Look After Overseas Travelling Employees 謹慎責任—如何保障海外公幹的僱員

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HKIHRM Hong Kong Institute of Human Resource Management (HKIHRM) discussion group

Contents P2

President’s Message

P4

What’s Hot

P8

Putting a Global-Local Mindset to Work

Cover Story

HR Transformation – the Gulf Between Action and Inertia

P12

封面專題

P16

HR Horizon

P20

P26

P30

P33

P36

P38

人力資源轉 型 ─ 為 與 不 為 天 淵 之 別 Employee Performance Management Beyond the Annual, One-dimensional Review

HR Feature

Managing Editor Chris Davis E: chris@ninehillsmedia.com Sub-Editor Paul Davis Designer Portia Le Advertising Inquiries Jennifer Luk E: jennifer@ninehillsmedia.com Frank Paul E: frank@ninehillsmedia.com Published by:

HKIHRM Annual Conference and Exhibition 2018 – Agility and Resilience in the Face of Continuous Change

HR Excellence Awards Winner’s Series 2017/18 HR Toolbox Smart Healthcare Planning Can Benefit Employers and Employees

China Focus

China Waives Work Permit Requirement for Taiwan, Hong Kong and Macau Employees

中國焦點 中國內地取 消 台 港 澳 人 員 就 業 証 的 規 定

Legal Highlight

Ninehills Media Limited

Level 12, Infinitus Plaza, 199 Des Voeux Road, Sheung Wan, Hong Kong Tel: +852 3796 3060

Fax: +852 3020 7442 Email: enquiries@ninehillsmedia.com Internet: www.ninehillsmedia.com

P47

Dare to Lead

Copyright of all materials is jointly retained by the Hong Kong Institute Human Resource Management (HKIHRM) and Ninehills Media Ltd. No part of Human Resources may be reproduced or transmitted in any form or by any means, including recording and photocopying without the wirtten permission of the copyright holder, application for which should be addressed to the publishers. Written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. Neither Human Resources the Publisher nor the HKIHRM accept liability for any views, opinions, or advice given. Further, the contents do not necessarily reflect the views or opinions of the Publisher and HKIHRM.

P48

HKIHRM News

ISSN 2305-2007

P42

P44

P46

Duty of Care – How to Look After Overseas Travelling Employees

法律點題 謹慎責任— 如 何 保 障 海 外 公 幹 的 僱 員

Case in Brief

Confidential Information and Departing Employees – The Risk from Within

案例撮要 機密資料與 離 職 僱 員 — 內 在 風 險

Reading Corner

Do you want to talk about a fresh HR issue?

If so, pleace contact chris@ninehillsmedia.com to discuss contributing an article for publication in the journal.

Cover Image: hvostik Single back issue: HK$300 Annual subscription: HK$2,420

President’s Message

New Vision, Mission and Values Statements Guide Future Development

Dear Members,

F

irst of all, I would like to wish members and family a healthy and prosperous 2019!

The start of a new year is always an opportune time for us to reflect and to look forward with anticipation to new challenges and new directions. After a strategic review completed by the Executive Council at the end of last year, we agreed to revisit and review the Institute’s Vision, Mission and Values Statements to better reflect the current directions that will guide the Institute’s future development.

The revised Vision Statement – “to be the leading professional human resource management and advisory institute” articulates the Institute’s aspiration to expand our professional influence beyond Hong Kong into Greater China and the region. While the new Mission Statement stays true to the original one, the new Values Statement has been given a new interpretation to focus on three core values in order to keep pace with the changing business environment, namely upholding the ethics and integrity of the HR profession; sharing an independent and balanced view on people issues; and advancing HR professionalism through sharing foresight and best practices.

It has always been the Institute’s priority to enhance HR professionalism. We do this by regularly reviewing work directions and initiatives to ensure that our service offerings continue to address

2

HUMAN RESOURCES • January/February 2019

the professional needs, interests and aspirations of members. Through various communication platforms and channels, we have gathered from members that global and local trends on HR practices, training courses, and professional networking opportunities are some of their key priorities in the year ahead.

Putting members’ needs in perspective helps us formulate strategic plans to develop relevant activities and training programmes; for instance, we intend to organise more topical seminars on employment and labour issues such that members can get timely insights from subject matter experts and through sharing amongst practitioners. In addition, our young practitioners would benefit from interactions and mentorship with seasoned professionals who can share their experience and wisdom.

To sustain the talent pipeline for the Institute, more networking and learning opportunities will be created for young members to get up close and personal with top-notch HR professionals.

Going forward, the Institute will endeavour to better manage resources to deliver enhanced services to our members, while balancing new initiatives and maintaining existing offerings. As such, starting from this March, the Human Resources Journal will be transformed into a bi-monthly publication. We will continue to work on sharing HR best practices and insights through the development and enhancement of our electronic platforms.

One important platform for members and HR practitioners to share their insights to help advance HR professionalism is through participation in our various surveys and studies. The field work of the Training and Development Needs survey with a key focus on HR and technology

will take place in February and March 2019. We encourage your active participation in the survey.

On a different subject, I’m pleased to report that preparation work for the launch of the 2019/20 HKIHRM HR Excellence Awards programme is well under way. The programme will continue to provide professional benchmarks to help the HR function strive for high standards of excellence. The Awards programme no doubt shines a spotlight on organisations and individuals that have delivered impact on business performance through outstanding people strategies and practices.

New elements and fresh ideas have been injected into the 2019/20 programme to reflect the changing HR landscape and present more opportunities to HR practitioners and organisations from Greater China to participate. For the first time, the Awards programme will accept applications in Chinese and case presentation in Putonghua or Cantonese during panel interviews to encourage greater interaction. The upcoming Awards programme will present a total of 26 awards across five categories, out of which seven new awards for the Organisational Category and HR Service Provider Category have been added to reflect evolving roles of HR. These new awards indicate the increasing importance of some over-arching HR trends such as employer branding, CSR and sustainability, family-friendly practices, innovation, and technology applications. Your support and participation is critical to the success of the 2019/20 HKIHRM HR Excellence Awards programme. I look forward to seeing you at our signature events.

Margaret Cheng

President of the HKIHRM

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What’s Hot

Putting a Global-Local Mindset to Work

By Steve Brown, Managing Director, ChapmanCG

• With the continued shifting of the world’s business activities from West to East, today’s business managers, and the workforces they lead, need a “global-local” mindset that blends the best international practices with relevant local traditions, experience and cultures.

• Nurturing a workforce with a “global-local” mindset is vital to enable organisations to succeed in a world that, in spite of some pockets of rising nationalism, is becoming ever more interconnected.

C

ulture shapes our behaviour.

The places where we grow up, work and socialise influence how we perceive others and how we interact with them. We develop

4

HUMAN RESOURCES • January/February 2019

a “mindset” – a set of beliefs that can predetermine how we interpret and respond to different situations.

While many of us pride ourselves on being citizens of the world, adept at

having our passports at the ready to travel to a new business environment — having a global mindset goes beyond a desire to better understand different cultural and business norms.

As technology continues to rapidly break down geographical barriers and companies increasingly seek to corner a global market share, organisations are being required to shift their focus to new markets, which present new challenges.

Established business hierarchies are shifting. Across Asia, local and multinational organisations are increasingly targeting their products and services to the rapidly growing Asian middle class. For a growing number of organisations, key customers these days are located in the Asia region, which also means that growth opportunities now stem from domestic and regional markets. With its vast geography and different cultures, large workforces and rapidly emerging technology and innovation markets, Asia is quickly developing as the frontier for a new type of “globallocal” mindset. Within this setting there is a growing demand for HR leaders who can help their organisations to develop the type of “global-local” mindset necessary

to ensure productivity, employee engagement and a sustainable workforce necessary to underpin future growth and development.

What is a “global-local” mindset?

While a global mindset can apply to individuals and organisations, it is generally defined as having a shared purpose of balancing global efficiency, responsiveness to local culture, and the transfer of knowledge. A "global-local" mindset involves the subtle difference of having the ability to develop many local mindsets, and to understand how these interact with an organisation’s overall business vision and mission.

Why is having a “global-local” mindset needed?

Across the Asia region, business dynamics are changing rapidly. As organisations seek to capitalise on lower labour costs, improving logistics and better infrastructure, they are moving their manufacturing processes away from established

hubs, notably Mainland China, to emerging hubs in Myanmar, Bangladesh, Sri Lanka and Vietnam.

As this transformation continues to gather pace, to an ever-greater extent, an organisation’s success hinges on the HR function’s ability to develop a workforce with capabilities that allow the organisation to navigate a more complex, varied and unpredictable business environment.

Therefore, a major effort has to go into understanding different work styles and behaviours and building trust to ensure effective coordination.

At the same time, as organisations begin to take a greater Asia regional focus, the established model of having a single central headquarters is starting to shift. The trend has become noticeable by the number of organisations opting for a multi-centre Asian headquarters model instead of a single global headquarters model, often located in the US or Europe, where the organisation's global view is often tilted towards the views of the “home” country.

HUMAN RESOURCES • January/February 2019

5

What’s Hot

As the business spotlight shifts to Asia’s developing markets, nurturing a “global-local” mindset becomes more important as organisations adopt new technologies aimed at sophisticated customers and partners who hold higher expectations of quality standards. Organisations now need to work across multiple layers of complexity no longer framed by familiar cultural dimensions or neat geographical boxes. For HR practitioners, this presents the challenge of widening the breadth of their awareness across new environments to identify the different employee work styles, talent drivers and talent behaviours. These new dynamics may also create the necessity to redesign job descriptions, recruitment practices and performance management processes, all of which can benefit from a “globallocal” mindset approach.

Talent management practices can benefit from a “global-local” mindset philosophy A “global-local” mindset can also be useful when balancing the efficiencies of global HR processes or models with the needs of different local environments. For example, organisations may want to use talent selection processes that have international validity in predicting performance, but may encounter challenges in new talent recruitment markets where the metrics and drivers of employee performance vary.

Benefits and rewards is another area where a global one-size-fits-all may not be the ideal solution — a prime example of where a “global-local” mindset can come into play. Benefits and rewards systems, where the core values or outcomes are set globally but have flexibility in how they are implemented locally, can be critical to attracting and retaining local talent where companies are looking to enter a new market. A “global-local” mindset can also help to ease painpoints during a merger or acquisition where different existing reward sets need to be meshed.

6

HUMAN RESOURCES • January/February 2019

Shaping a “global-local” mindset To develop “global-local” mindset awareness at C-suite and middlemanagement level, it is necessary for the HR function to develop programmes that expose leaders and potential leaders to new cultures and diverse populations aimed at overcoming stereotype beliefs.

While this may sound simple, it takes time to get to know the basics about how regulations, customs, talent management and business are conducted in different locations.

According to the International Institute for Management Development Business School’s Developing the Global Mindset — The Five Keys to Success survey, as well as formal learning programmes, informal learning opportunities such as conferences and networking gatherings between management executives from different industry sectors have a part to play in developing the “global-local” mindset.

The HR function can also arrange for more experienced managers to serve as mentors to help less experienced managers to build their “global-local” mindset skills. This is vital for the organisation to connect the network of managers and the workforces they lead across different countries and jurisdictions to take advantage of regional opportunities.

At the organisational level, the HR function can explore ways to implement cross-cultural training focusing on cultural nuances, communication styles, approaches to risk-taking and ways to promote effective working relations.

These should include not only an understanding of diversity and crosscultural differences, but also areas in which misunderstandings are likely to occur and how they can be avoided.

While every organisation’s training programmes will differ, the HR function needs to identify the “globallocal” mindset characteristics needed to deliver on employee recruitment and development strategies in order to support business growth.

Crucially, the HR function will need to identify how it can best mobilise its resources to develop “globallocal” mindset characteristics.

For example, how to support and empower local management leaders so they can properly understand and respond to “global-local” mindset concepts.

Having clear processes for onboarding new talent, and critically, quickly integrating their experience into the organisation’s regional and global operating mindset can contribute significantly to a winwin position. Having local HR business partners on the ground at country-level can make a significant difference in implementing “globallocal” mindset philosophies by providing valuable insights and advice.

By adopting a “global-local” mindset, business leaders and their organisations have the opportunity to advance innovation and best practices to bridge gaps essential to the advancement of sustainable business success and the wider benefit of the global community.

Cover Story

HR Transformation – the Gulf Between Action and Inertia

By By Peter Outridge, Partner and Head of People and Change Advisory, Hong Kong, KPMG China Jonathan Lo, Partner and HR Transformation Lead, Hong Kong, KPMG China

• Change brought about by the digital environment is inevitable, yet KPMG’s new The Future of HR 2019: In the Know - or in the No global study reveals conflicting approaches HR practitioners are taking to the paradigm shift that’s redefining businesses and HR models across every industry.

• While some HR leaders are confidently harnessing the resources and insights that will transform HR and its value to the organisations they represent, a much larger segment of less-confident HR leaders – including many in Hong Kong and Mainland China – are demonstrating either a “wait-and-see” approach or simply sitting on the sidelines.

T

oday’s employers face an unparalleled array of challenges as they speed into a digital environment that’s already transforming businesses and the traditional HR functions that serve them. However, KPMG International’s new The Future of HR 2019: In the Know

8

HUMAN RESOURCES • January/February 2019

– or in the No global study reveals that HR leaders have conflicting attitudes and approaches to this change. While change is inevitable, the In the Know – or in the No survey of 1,200 global HR executives exposes a clear gulf between action and inertia. For example, forward-

looking HR leaders are harnessing the resources and insights that can help transform the HR function and its value to the organisation. They are doing this by initiating strategic plans and implementing new technologies such as analytics, digital labour and artificial intelligence (AI) alongside

the critical new talent skills needed to succeed. Meanwhile, however, a much larger segment of lessconfident HR leaders are either limiting themselves to changes that show small elements of progress or simply remaining static. As the scope and pace of change accelerates, these HR leaders may well be adopting a risky strategy as the momentum of the digital economy could quickly leave then behind.

Global key findings KPMG’s survey of 1,200 global HR executives highlights how a workforce equipped with new mindsets and new skills is becoming critical to success, and even survival, in the digital era. In today’s digital world with its myriad of complex people challenges, the HR function needs to be seen to be taking the lead on understanding what makes people tick and what culture helps people and organisations thrive to attain true augmentation of human capability with technology.

The challenges of adapting skill-sets to the digital era coincide with the demographic trend of bringing five generations together within a workforce that’s more diverse than ever as well as realigning work place collaboration between employees and automated technologies such as robotics and AI. Daunting challenges indeed. Yet, while the latest KPMG survey reveals a troubling level of uncertainty, it also demonstrates a notable lack of progress since a spotlight was shone on HR transformation and digital preparedness in the 2017 KMPG’s HR Transformation report. The comparison between the two reports is significant because it indicates, for a number of reasons, that many HR leaders are struggling to find ways to help their organisations adapt to the digital era.

For instance, while 39% of HR leaders stated they are “confident” in their ability to transform the workforce as well as the HR function, nearly a quarter, 24% of HR leaders are less or not confident in their ability to transform the workforce and itself.

So what’s holding HR back from taking the leap? According to HR leaders, for HR functions that are currently undergoing – or have recently completed – a digital transformation the key barriers to transcending the initial phases of transformation are capability “a lack of people with the right skills” (51%) and capacity “enough people with the right skills” (43%).

Workplace culture also remains a top barrier to digital transformation for about four in ten HR leaders. In addition, the HR function not being seen as a value driver by senior management is a concern for HR leaders who are struggling to adapt to digital, or lack confidence in their ability to transform the workforce. Confidence stems from the ability to deliver predictive insights, drive a digital agenda and reshape the workforce. A key message here is that bold action needs to be taken now by the HR function to engender collaboration with C-suite leaders to redefine yesterday’s task-focused workforce into tomorrow’s innovative and digitally-savvy workforce.

HUMAN RESOURCES • January/February 2019

9

Cover Story

Key Mainland China and Hong Kong findings Significantly, only 26% of Mainland China and Hong Kong HR leaders that took part in the The Future of HR 2019: In the Know ­– or in the No survey, compared to 40% of HR leaders globally, reported that they have a digital transformation work plan in place at the enterprise or HR level. Meanwhile, over 70% of Mainland and Hong Kong HR leaders recognise the need for workforce transformation but only 11%, compared to 39% globally, are “very confident” about their HR function's ability to transform the workforce. At the same time, 82% of HR leaders believe their current HR operating models require transformation while 79% of respondents believe that current talent skills need to be upgraded.

As AI and machine learning technologies emerge, a troubling 50% admit to being “not at all prepared” to respond strategically. Furthermore, 40% of Mainland and Hong Kong HR leaders agree that preparing the workforce for a future working with AI is one of the biggest challenges the HR function will face over the next five years. Of organisations yet to adopt AI within the HR function, half remain uncertain that they will do so in the next year or two. With the World Economic Forum predicting that more than a third of the skills considered important today will change within the next few years amid the proliferation of digital processes, preparing a futurefocused workforce is a key component of tomorrow’s successful workplace.

What is worrisome is that as the current paradigm shift continues to accelerate the pace of change, one or two years in this digital age might compare to a decade or two in the analogue era.

feel “very confident” about the HR function's ability to transform and elevate employee skills with analytics and AI capabilities. HR leaders also said that creating a new employee experience (EX) or defining the right employee value propositions (EVP) to match the needs of five generations in the workforce still seem to be undervalued by senior management.

A likely reason for this is only 16% of their senior management have communicated that EX should be a top focus area for the HR function.

The prevailing lack of focus on EVP may be explained by the simple fact that the concept remains

largely misunderstood by C-suite executives. A concept highlighted in KPMG’s 2018 CEO Outlook survey, which revealed that almost half of the CEOs surveyed still struggle with understanding how millennials differ from other generations.

Encouragingly, however, interest appears to be growing – at least among some CEOs – with 38% acknowledging the need to reposition their business to better meet the needs of millennials. Notably, forward-looking organisations are already placing more focus on the employee experience and managing multiple generations of diverse workers.

The Future of HR 2019: In the Know - or in the No, Mainland China and Hong Kong and Global Comparisons

Mainland China and Hong Kong

26%

HR leaders have a digital transformation work plan in place at the enterprise or HR level.

Mainland China and Hong Kong

11%

HR leaders recognise the need for workforce transformation.

Global

40%

Global

39%

Moving employee experience to the top of the C-suite agenda While the HR function needs to deliver critical new skills and redefine workforce competencies, barely more than a third of global HR respondents

10 HUMAN RESOURCES • January/February 2019

Source: KPMG’s “The Future of HR 2019: In the Know - or in the No ”.

Integrating human and digital labour in a collaborative workplace In today’s digital world, with its myriad of complex people challenges, HR leaders are the logical drivers of workforce transformation. The HR function needs to take a leading role in shaping the future workforce with its mix of digital and human labour to ensure the organisation has the capabilities to respond to new opportunities. This requires rapidly reskilling talent to maintain a thriving and dynamic workforce environment.

In addition to the challenges involving redefining workforces and the application of new skills, today’s HR leaders need to meet head-on the proliferation of AI, robotics and machine learning (ML). But the extent to which these smart technologies will impact the workforce remains open to much debate. Certainly, no one doubts that AI and ML will have an immense impact on workforces everywhere. This is indicated by 42% of HR respondents globally who expect AI and ML to pose the biggest challenges that the HR function will face during the next five years.

Of those HR leaders who are not planning to adopt AI or ML anytime soon, half confirm they are not at all prepared and barely a third feel somewhat prepared. Fewer than one in ten feel prepared or very prepared for the changes to come, which is rather alarming.

Drive change or be changed The HR function is at a crossroads, which means that HR leaders need to be forward-looking and act boldly to reshape their workforces. To move ahead, the HR function needs to leverage the opportunities presented by digital technologies to transform the workplace through providing a compelling employee experience and reskilling existing talent with the competencies necessary to execute evolving tasks. For instance, the HR

function needs to take a leading role in developing a collaborative workforce that combines digital and human labour to capitalise on emerging opportunities.

by new digital environment calls for resilient determination and a new HR mind set, and now rather than later is the time to make sure it is changed for the better.

As workplace tasks and roles are redefined, the HR function also needs to display agility by pursuing a deeper understanding of employee skills, strengths, goals and purpose while creating custom-made employee experiences. Valuing employees as “customers” is a good example of creating custom-made employee experiences and, more broadly, supporting an overarching employeecentric agenda. Recognising the value of EX and EVP to bolster future success and competitiveness is immensely important, but this can only be achieved if C-suite leaders can be persuaded to buy into the concept and put EX and EVP on their agenda priorities.

The unprecedented speed of change, as well as the breadth and the depth of many radical changes unleashed

HUMAN RESOURCES • January/February 2019

11

封面專題

人力資源轉型 ─ 為與不為 天淵之別 畢馬威中國香港區人才事務和變革主管合夥人 歐偉德 畢馬威中國香港區人力資源轉型諮詢主管合夥人 盧安邦

• 數碼環境必定為業界帶來了轉變，可是，畢馬威最新發布的環球研究項目 The Future of HR 2019: In the

Know ‑ or in the No 顯示，雖然這種範式轉移為各行各業重新定義了業務和人力資源模式，但人力資源專才對此 卻有著截然不同的回應方式。 • 部分人力資源主管有把握可以運用相關資源和洞察力，改變人力資源及其對公司的價值；但有更多人力資源主管卻 顯得信心不足，包括許多香港與內地的主管都抱持觀望態度，甚或置身事外。

現

今的數碼環境急速發展，為營

但 The Future of HR 2019: In the Know

智能等新技術，來配合成功必備的嶄新人

商及人力資源的傳統職能帶來

- or in the No 的 調 查 中 ， 從 受 訪 的 全 球

才關鍵技能。但與此同時，有更多人力資

變化，企業需要面對各種前

1,200位人力資源主管身上清楚看到「為與

源主管仍未具備信心，有些只願作有限度

所未見的挑戰。可是，畢馬威

不為」的差異。舉例而言，高瞻遠矚的人

的改變，效果甚微，有些只是選擇維持現

國際最新發布的環球研究項目 The Future

力資源主管會運用資源及洞察力，促進人

狀。隨著改變所涉及的範圍越廣及轉變的

of HR 2019: In the Know - or in the No 顯

力資源部轉型，改變人力資源事務對公司

步伐加劇，這些人力資源主管的策略可謂

示，人力資源主管對這種轉變有著截然不

的價值。為達至目標，他們會推動各種策

著實冒險，因為數碼經濟發展趨勢迅速，

同的態度和回應。雖然改變是無可避免，

略規劃，並運用分析、數碼勞動力及人工

也許很快便叫他們望塵莫及。

12 HUMAN RESOURCES • January/February 2019

環球調查主要結果

確實極具挑戰性。可是，畢馬威最新的

那麼，究竟是甚麼原因讓人力資源發展裹

畢馬威對全球1,200 位人力資源主管的調查

調查不但顯示這方面的不確定程度高得

足不前 ? 人力資源主管表示，對於現正實施

顯示，在現今的數碼時代，員工具備新思

令 人 堪 憂 ， 還 反 映 了 畢 馬 威 雖 曾 於 2017

（或近期完成）數碼轉型的人力資源部門

維、新技能已日漸成為致勝關鍵，甚至是不

年的 HR Transformation 報告中，著墨於

來說，妨礙跨越轉型起始階段的主要障礙

被市場淘汰的核心條件。如今，數碼世界為

人力資源轉型及準備迎接數碼時代，但業

是才幹與實力，前者即「缺乏具備合適技

人力資源帶來了許多複雜的挑戰，人力資源

界至今仍未取得顯著進展。重要的是，只

能的人才」（51%），後者即「具備合適技

部應該牽頭了解驅使員工付出熱誠的因素、

要比較這兩份報告，便可看到不少人力資

能 的 人 才 充 足 」 （ 43%） 。 約 四 成 人 力 資

可讓員工及公司蓬勃發展的公司文化，並善

源主管基於種種原因，正在想方設法協助

源主管認為，職場文化亦是數碼轉型的最

用科技真正提升人力資源績效。

公司適應數碼時代的轉變。舉例而言，

大障礙。此外，高級管理層認為人力資源

雖 然 有 39% 的 人 力 資 源 主 管 表 示 「 有 信

部無助推動價值，亦讓正在努力適應數碼

要各種技能適應數碼時代的轉變並不容

心」，認為自己有能力協助公司團隊及人

環境或並未自信能推動公司團隊轉型的人

易，就如職場正在面對前所未見的多元化

力 資 源 部 轉 型 ， 但 有 近 四 分 之 一 （ 24%）

力資源主管感到擔憂。畢竟，信心是建基

人口趨勢，需要凝聚五個世代的員工並肩

的人力資源主管卻並非如此自信，甚至

於擁有對未來的洞察力、推動數碼計劃議

合作，以及重新調配員工與機械人、人工

無信心令公司團隊及人力資源部成功

程及重新塑造團隊的能力。最重要的一點

智能等自動化科技的協作模式，這一切

轉型。

是，人力資源部門現在必須加以行動，與 高級領導層合作為團隊重新定義，帶領昔 日以完成任務為導向的工作團隊，成為一 支敢於創新、精通數碼應用的工作團隊，

“The Future of HR 2019: In the Know - or in the No” 中國內地及香港與全球人力資源主管意見比較

共同迎接未來。

內地與香港的調查結果 觀乎中國內地與香港，在參與 The Future

全球

中國內地及香港

of HR 2019: In the Know - or in the No 調 查 的 人 力 資 源 主 管 當 中 ， 只 有 26%（ 而 全 球 人 力 資 源 主 管 則 有 40%） 表 示 已 制 訂 適

26%

表示已制訂適用於

40%

用於公司或人力資源層面的數碼轉型工作 計 劃 。 內 地 及 香 港 有 逾 70%的 人 力 資 源 主 管認為有需要促使員工團隊轉型，但只有

公司或人力資源層面的

11%（全球有39%）表示「非常有信心」，

數碼轉型工作計劃。

認為人力資源部有能力使員工團隊轉型。 同 時 ， 82%的 人 力 資 源 主 管 認 為 需 要 改 變 現 時 的 人 力 資 源 營 運 模 式 ， 另 有 79%認 為 需要提升現有人才的技能。 此 外 ， 內 地 及 香 港 有40% 的 人 力 資 源 主 管 同意，培訓員工適應未來結合人工智能科

中國內地及香港

全球

技的工作環境，是人力資源部門未來五年 需要面對的最大挑戰之一。隨著人工智能 及 機 器 學 習 科 技 相 繼 出 現 ， 50% 受 訪 者

11% 表示「非常有信心」，

39%

認為人力資源部有能力 使員工團隊轉型。

承認自己「完全還沒準備好」如何有策略 地應對這些轉變，調查結果令人擔憂。在 那些人力資源部門尚未採用人工智能科技 的公司中，有半數仍未確定未來一、兩年 會否採用。據世界經濟論壇預測，面對數 碼工作流程大行其道的環境，目前獲公認 為必備的重要技能，將有超過三分之一在 未來數年內出現變化，因此，培養一群放 眼未來的工作團隊才是今後的致勝要素。 目前出現的範式轉移正不斷加快轉變的步 伐，致使數碼時代於一、兩年內，或可媲 美類比時代十年甚或二十年的發展，情況

資料來源：The Future of HR 2019: In the Know - or in the No 。

難免令人擔憂。

HUMAN RESOURCES • January/February 2019

13

封面專題

主動推行變革抑或無奈接受轉變 人力資源部門現正處於十字路口，人力資 源主管必須有遠見、具魄力，敢於重新塑 造員工團隊。為了向前邁進，人力資源部 必須善用數碼技術所帶來的機遇，締造富 吸引力的員工體驗，並重新培訓現有人 才，務求員工有能力執行不斷演變的職 務，帶領員工團隊轉型。譬如，人力資源 部必須牽頭開發一支結合數碼及人力勞動 的合作團隊，協助企業把握新機遇。 在重新定義工作職務及員工角色的同時， 人力資源部亦應展示迅速敏捷的工作效 率，深入了解員工的技能、優勢、目標和 宗旨，度身訂造各種員工體驗。將員工視 為「顧客」是度身訂造員工體驗的理想例 子，而且在更廣泛的層面上，有助建立一 套以員工為中心的政策綱領。重視員工體 驗及員工價值主張，固然對未來成功經營 及保持競爭力非常重要，但只有當高級管 理層願意接納有關概念，並將員工體驗及 員工價值主張列為優先處理事務，才有望 達成目標。 嶄新的數碼環境帶來許多翻天覆地的轉

讓員工體驗成為高級管理層的優先 要務

促進人類與數碼勞工合作

變，變化幅度既深且廣，變速之快也是前

現今的數碼世界為人力資源帶來許多複雜

所未見，因此，人力資源專才必須下定決

人力資源部必須協助傳達新的關鍵技能，

的挑戰，而人力資源主管自然是促進工作

心，並懂得靈活應變，採納全新的人力資

並重新定義員工應具備何種才能，可是，

團隊轉型的動力來源。人力資源部必須帶

源管理思維，務求達至更佳的轉變。

只有三分之一的全球受訪人力資源主管表

頭塑造未來的員工團隊，結合數碼勞工與

示「非常有信心」，認為人力資源部有能

人類的專長，確保公司有能力把握各種新

力透過分析及人工智能協助員工轉型及提

機遇。為此，人力資源部必須迅速培訓人

升技能。此外，也有人力資源主管指出，

才，務求維持一支幹勁十足的工作團隊。

為配合五個世代員工一起工作的需要，公 司必須創造新的員工體驗，或定義合適的

今天的人力資源主管不但要重新定義員工

員工價值主張，可惜高級管理層似乎仍然

團隊並應用新技能，還需面對人工智能、

低 估 此 舉 的 重 要 性 ， 原 因 是 只 有 16% 的 高

機械人及機器學習迅速普及的現象。不

級管理層曾經表示員工體驗是人力資源部

過，究竟這些智能科技會對員工帶來多大

的首要工作。

影響，目前仍然爭論不休，但可以確定的 是，人工智能及機器學習無疑會對各行各

目前，員工價值主張普遍未受重視，箇中

業的員工產生重大影響。這點可從調查結

原因也許很簡單，就是高級管理層事實上

果 中 獲 得 引 證 ， 皆 因 全 球 有 42%的 受 訪 人

仍然對有關概念存有誤解。畢馬威在 2018

力資源主管認為，未來五年人工智能及機

年 發 表 的 CEO Outlook 調 查 顯 示 ， 接 近

器學習是人力資源部門的最大

半數的受訪行政總裁仍在試圖了解千禧世

挑戰。

代與其他世代有何差異。幸好，對此感興 趣的人似乎越來越多，至少有些行政總裁

在那些沒打算短期內應用人工智能或機器

確 是 如 此 ： 38%的 行 政 總 裁 認 為 有 需 要 為

學習的人力資源主管中，有一半人承認自

業務重新定位，以便更切合千禧世代的需

己根本還沒準備好，另有三分之一自覺稍

要。值得注意的是，具遠見的企業已開始

有準備，只有不足一成人認為自己已作好

多關注員工體驗，積極管理融合了不同世

準備或做好充份準備，調查結果令人擔

代的多元化員工團隊。

憂。

14

HUMAN RESOURCES • January/February 2019

註：此乃中文譯本，一切內容以英文版本為準。

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HR Horizon

Employee Performance Management Beyond the Annual, One-dimensional Review

By Reina Cheng, Managing Director, Morgan McKinley, Hong Kong

• The annual performance review is based on good intentions — to provide managers and employees insights on performance, future goals and priorities and sharing constructive feedback, but it is no secret that, in today’s fast-moving work environment, many employees and employers believe the process is flawed and fails to fulfil its intentions.

• While there are technology tools available to automate performance reviews and ease the administrative burden, the HR function has an indispensable role to play in shaping and delivering performance management strategies that meet the needs and expectations of employees and employers.

F

or many employees, the annual performance appraisal is often a little more than a dreaded recap of everything they did wrong during the past six to 12

16 HUMAN RESOURCES • January/February 2019

months. Meanwhile, for managers, the annual appraisal is a time consuming mandatory chore that’s more focused on past performance than on future improvement.

The recent report from Morgan McKinley, The Future of Performance Management , found that in Hong Kong, two-thirds of employees surveyed stated they are unmotivated by the

annual review and 66% disagreed with their annual review feedback.

Employees cited that reviews tended to be focused on “recent performance rather than overall performance”, that “goal alignment is not clear” and that “many of the performance indexes used do not relate to performance”, making for a demotivating, inconclusive or less than satisfying review process.

Managers too, find the annual performance review an outdated practice, with 62% of those surveyed in the report believing continuous reviews are a better alternative to the traditional performance appraisal. The Morgan McKinley report revealed however that 60% of Hong Kong employees surveyed in the report are reviewed annually.

Why do annual appraisals still dominate?

While traditional thinking on performance management has left a disconnect between what employees need and what they are getting, the annual performance review is deeply ingrained in Hong Kong organisations as part of a culture of annual planning, budgeting and the desire to link performance to compensation.

Technology, employee attitudes and management procedures have transformed our modern workplaces, yet the annual review process looks decidedly similar to when it became a mainstream business practice over half a century ago. In today’s fastpaced knowledge-driven business environments, work is less predictable and goals rapidly shift in response to changing priorities and market changes.

With its once-a-year goal setting and analysis, the annual review looks increasingly antiquated.

Improving performance management Employee reviews are an inevitable and critical part of an individual, team and organisation’s growth. Rather than doing away with the annual appraisal, perhaps it is time to adjust the approach and bring the review process into the 21st century. The essential question is this: How to optimise the performance review process so that employees feel valued and invested in their work and employers have a systematic way to track performance and ensure employees are directly contributing to the wider goals of an organisation?

Continuous performance management Globally, organisations across a wide range of business sectors have begun to rethink traditional views towards the annual performance appraisal. Instead of relegating performance evaluations to a oncea-year exercise, managers are incorporating processes throughout the year with shorter-term objective setting, real-time feedback and frequent one-on-one check-ins. In Hong Kong, this continuous review process is relatively new, with half of the managers surveyed adopting the practice within the last one to two years, while 35% have been following it for more than five years.

Findings in The Future of Performance Management report conclude that employees overwhelmingly place preference on a continuous performance review approach over annual reviews for four main reasons. First, employees value the ability to “address issues as they arise”, with those reviewed continuously feeling they are reviewed more accurately. Unlike the annual appraisal which looks back on performance, continuous reviews identify problems promptly.

Second, those with regular performance conversations feel that collaboration and communication with their managers was improved, fostering a “better understanding between each other”. An ongoing performance dialogue gives individuals and teams regular insight into how their work is perceived, instead of recalling what happened months earlier at the end of the year. Third, respondents felt continuous reviews were “resultsoriented and helped them to improve continuously”. Managers are able to coach employees through challenges, which can help employees to feel more motivated, and goals can be set and adjusted to reflect changing business priorities.

Finally, respondents felt positive

HUMAN RESOURCES • January/February 2019

17

HR Horizon

about “constant feedback”. Providing employees with regular feedback on performance not only ensures it is more accurate, but demonstrates that the company is invested in an individual’s personal development, which can boost engagement and employee retention.

What should be measured?

Certain metrics are critical in performance appraisals such as efficiency, quality of work, innovative thinking, helpfulness, skills development and adherence to company values. While it is easy to quantitatively measure performance in metric-driven roles like sales, other goals should not be abstract.

For instance, quality of work can be measured through the percentage of work needing to be redone, or customer satisfaction scores. Efficiency can be measured through weekly and monthly targets and objectives achieved within set time frames, and, by setting out meaningful ways staff can adhere to company values, reviewers can measure and track an employee’s demonstration of these values over a given period.

18

HUMAN RESOURCES • January/February 2019

Best practice goal setting and measuring metrics with meaning When setting relevant performance metrics, a few best practices should be followed. It is essential that metrics match company objectives to deliver goals that cascade from departments, to teams and then to individuals. Goals should be communicated upfront and incorporate 360 and 180-degree feedback from relevant departments within the organisation. Regardless of the performance review structure, whether once a year or a continuous feedback model, findings in the Morgan McKinley report conclude that processes not based on clearly defined and communicated metrics can cause demotivation and lack of employee engagement. Performance reviews should deliver tangible data allowing employees to evaluate their performance and remain motivated in their roles. While the frequency of meetings about performance will depend on individual organisations, and the role of an employee within an organisation, it is vital that open communication channels are maintained. Importantly, whatever the

method used to conduct performance reviews, any conversations relating to performance, however informal, should be documented.

Technology is changing the performance appraisal landscape Just as it has dramatically transformed workplaces, technology is bringing the performance review process into the 21st century. Work management tools like Asana and Trello can support task and goal monitoring, performance review systems such as Small Improvements synchronise feedback to deliver more precise data, which systems such as TINYpulse allow people from across the organisation to contribute timely feedback anonymously. Other systems eliminate uncertainties associated with regular appraisals by providing more precise data on people and teams. For example, by delivering ongoing goal monitoring in a 360-degree feedback format, as well as providing insights to support employee development the system can help to identify top

performers. Time-saving technology tools can backup reviews with insights and recorded behaviour, which can alleviate the administrative burden for managers and at the same time streamline the performance review process, freeing up time for the HR function to focus on other crucial talent management areas such as employee development and succession planning.

The HR function’s role in shaping performance management objectives The role of the HR function is indispensable in achieving performance management objectives across several areas. As well as implementation, talent management and compensation, HR practitioners have a key role to play with the design of the performance review process to ensure that the right metrics are included. To achieve this, HR

practitioners need to work closely with team leaders and managers to ensure that individual employee goals are aligned with departmental and wider company goals.

The Morgan McKinley Future of Performance Management survey showed that employees often view performance management as an activity few managers are trained to undertake. Sentiments from employee respondents ranged from “it’s a favouritism system” to “management is not well trained for this performance system”. To help to reverse these perceptions, the HR function can ensure that appropriate performance review training is provided to management executives.

Training can not only reduce biases and produce better results, but also ensure that managers foster constructive, two-way communication and base appraisals on quantitative ratings

rather than qualitative judgment.

However performance management appraisals are undertaken, the essential element is to have two-way dialogue with employees, be fair and outline clear, measurable goals that ensure an organisation maintains a competitive edge through futureproofing its workforce.

Making Busin ss Sense Targeting Your Customers for MAXIMUM Results

For advertising in Human Resources, the official publication of HKIHRM, please contact:

Jennifer Luk

E: jennifer@ninehillsmedia.com

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HUMAN RESOURCES • January/February 2019

19

HR Feature

The two-day Conference and Exhibition attracts over local and overseas 1,200 delegates from the HR profession, business and academic sectors.

HKIHRM Annual Conference and Exhibition 2018 – Agility and Resilience in the Face of Continuous Change

By Chris Davis

• Against a digitally disrupted and uncertain business backdrop, the HKIHRM’s Annual Conference and Exhibition 2018 explored the pivotal challenges and success factors needed to maintain a sustainable, agile and resilient workforce during a period of rapid change.

• Spotlighting the theme “Human AR: Agility x Resilience – Connecting with the Future Workforce”, the Conference and Exhibition provided participants with timely insights they can use to make informed decisions that deliver a positive impact for their organisations and the employees that work for them.

F

eaturing more than 50 overseas and local high-level speakers, the HKIHRM Annual Conference and Exhibition 2018 provided a platform to address current

20

HUMAN RESOURCES • January/February 2019

industry trends, hot topics and best practices. During the HKIHRM’s two-day flagship event, over 1,200 participants were able to gain valuable insights from experienced HR practitioners,

accomplished business executives and academics into the driving forces currently shaping industry trends, best practices and hot topics pertaining to the HR function. In addition to plenary

Guest of Honour, Dr Law Chi-kwong, GBS, JP, Secretary for Labour and Welfare of the HKSAR Government (fourth from left) with HKIHRM representatives (from left): Alice Wong (HKIHRM Vice-President and Co-chairperson of Annual Conference and Exhibition 2018 Organising Committee), Aileen Yu (Co-chairperson of Annual Conference and Exhibition 2018 Organising Committee), Margaret Cheng (HKIHRM President), Lawrence Hung (HKIHRM Vice-President) and Barry Ip (HKIHRM Vice-President).

sessions, 23 concurrent sessions covered a wide range of topics tailored to the various interests and concerns of HR practitioners. With technologydriven change accelerating at a rapid pace, for example, the Conference and Exhibition provided a prime opportunity for participants to interact with their peers to gain insights from those who face similar challenges and opportunities. Furthermore, as the implications of fast-developing technologies including artificial intelligence (AI) are being increasingly talked about and felt in the workplace, speakers with different areas of expertise offered insights on how the HR function can evolve and, in the process, re-imagine, re-invent, and re-tool talent management strategies. In the same way that the impact of technology on the HR function and broader organisational operations was a recurring theme during the conference, the record number of exhibitors were

predominately offering products and services underpinned by cutting-edge technologies.

HKIHRM President Margaret Cheng emphasised how agility and resilience had become a matter of survival for many organisations in her welcoming remarks, noting how digital disruption is driving change across industries.

Against the backdrop of a turbulent operating environment, Margaret mentioned that the Conference and Exhibition was designed to cover a wide array of evolving concepts related to work, workplace and workforce. Also, it provided opportunities for participants to learn how innovative HR approaches and practices can be adopted to tackle challenges brought about by multigenerational workforces and skill shortages.

Embracing this year’s Conference and Exhibition’s theme of agility and resilience, during his opening remarks,

Guest of Honour, Dr Law Chi-kwong GBS, JP, Secretary for Labour and Welfare of the HKSAR Government spoke about the need for life-long learning as a way for Hong Kong's working population to keep pace with an increasingly digitally-fuelled work environment. At the same time, he said, Hong Kong’s HR community had a crucial role to play in helping the labour force to improve its competencies by leveraging on lifelong learning opportunities. Dr Law commended the HKIHRM for providing a platform designed to prepare HR professionals to rise to future worldof-work challenges.

As the impact of digital disruption continues to accelerate across the workplace, Alice Wong and Aileen Yu, Co-chairpersons of the Conference and Exhibition 2018 Organising Committee explained how the design and content of this event was influenced by the success

HUMAN RESOURCES • January/February 2019

21

HR Feature

Dr Law Chi-kwong, GBS, JP, Secretary for Labour and Welfare of the HKSAR Government, officiates at the opening ceremony of the HKIHRM Annual Conference and Exhibition 2018.

Margaret Cheng, HKIHRM President delivers a speech at the opening ceremony to welcome all guests, speakers and delegates.

Guru Plenary speaker, Dr Leonard Lane, Board Member, Fung Academy; Advisor to the Group Chairman, Li & Fung Limited.

22

HUMAN RESOURCES • January/February 2019

Aileen Yu (left) and Alice Wong, Co-chairpersons of Annual Conference and Exhibition 2018 Organising Committee, introduce highlights of the Conference and address the impact of digitalisation and technology on the HR profession.

CEO Forum speakers (from left to right): Dr Royce Yuen, JP, (facilitator) from MaLogic and four business leaders including Law Wing Chung from Jervois One, Roger Lee from TAL Group, Sunny Cheung from Octopus Holdings Limited and Fion Leung from Time Auction.

Senior HR Forum speakers (from left to right): Angela Lee (facilitator) from A.L Consulting, Garrick Lau from New World Development Company Limited, Jenny Pong from JTH Group, and Akiko Takahashi from Melco Resorts and Entertainment.

and positive feedback from 2017’s Conference and Exhibition, which focused on the impact of digitalisation and technology on the HR profession.

Given the ever-changing, neverending wave of digitally-driven disruption, the Co-chairpersons said the Conference and Exhibition would allow participants to pick up insights on how to adapt to a complex environment and learn how to become more responsive, nimble and versatile — core strengths that can also be described as being agile and resilient.

The Conference and Exhibition’s Organising Committee also brought together experts from outside conventional HR areas, including tech leaders and inspirational speakers to meet the needs and expectations of multigenerational HR practitioners by enabling them to learn from different perspectives and experiences and relate them to the HR function. An app with interactive functions was provided to facilitate participants in accessing information of the Conference and Exhibition over the two days.

High achieving business executives share their insights Providing a key highlight during the first-day’s morning session, the CEO Forum featured high profile business executives from diverse industry sectors who discussed topics ranging from recruitment and engagement to managing employee turnover. With many organisations employing talent spanning several generations, the panellists discussed the importance of managing a multigenerational workforce and recognising the needs of each age group and providing them with relevant work and career opportunities. With a job-for-life being a trend of the past, the panellists also discussed ways to motivate and maximise engagement and productivity from employees during a short tenure with an organisation.

A discussion on managing the expectations of employees also produced a lively exchange among panellists.

Inspirational Speaker Illustrates Parallels between Education and the HR Profession Highlighting the breadth and diversity of the topics covered by the Conference and Exhibition, renowned for his work helping marginalised Hong Kong youths to thrive in mainstream society, inspirational speaker of the Conference and Exhibition, Dr Alman Chan, Chief Operation Officer, Christian Zheng Sheng Association and Principal of the Christian Zheng Sheng College pointed out that no matter whether it’s via the HR function

Inspirational Plenary speaker, Dr Alman Chan, Chief Operation Officer, Christian Zheng Sheng Association; Principal, Christian Zheng Sheng College.

or the education sector, there is a need to help individuals to develop

those strengths. With organisations

agility and resilience capabilities.

increasingly incorporating employee

Citing examples, Chan showed

volunteer work to support community

professional quality videos of

projects into their talent management

international sporting events filmed

programmes as a way of building

and photographed by Christian

collaboration and teamwork, while

Zheng Sheng College students

acknowledging the benefits of

working alongside international

volunteering incentives, Chan said

media professionals. Frequently

organisations need to think carefully

incorporating humorous observations

about the type of volunteer support

into his presentation, Chan, an

they offer. He said consistency is

experienced marathon runner, also

one of the prime factors to consider.

provided examples of different ways

Chan used the example of volunteers

that his students demonstrate agility

offering one-off English language

and resilience with descriptions of

learning to his students. He pointed

how they have worked at sub-zero

out that learning a language like

temperatures to film a marathon

many other skills takes time. Instead

in the Atacama desert in Chile, and

of one-off projects, Chan suggested

overcome logistical challenges to

that organisations orientate their

produce the official film footage of an

employee volunteer focus to work

ultra-marathon in northern Italy.

with worthy causes on a long-term

Having faced both fierce criticism

basis where benefits can be built up

and applause for his approach and

and real relationships can be made.

work with Hong Kong’s marginalised youths, Chan likened his philosophy to motivate his students to strategies used in the HR environment. He mentioned that, people are not linear, they are holistic, and have different development abilities. It is necessary to find what works and build on

HUMAN RESOURCES • January/February 2019

23

HR Feature

Carmen Lo (left) and Nicole Ip, HKIHRM Annual Conference and Exhibition 2018 Organising Committee Members.

Tony Cheng (left) and Heron Shiu, HKIHRM Annual Conference and Exhibition 2018 Organising Committee Members.

Support for the next generation of HR practitioners

The HKIHRM Talent Development Scheme allows HR and business students at local educational institutions to learn from leading HR professionals and broaden their experience.

Aligned with the HKIHRM’s initiative to nurture and develop the next generation of HR practitioners, for the first time, through corporate sponsorship, HR and business students at local educational institutions were subsided to attend the Conference and Exhibition.

Speaking mainly to an audience of students, during his session on the topic “Business Education 2.0: Grooming the Next Batch of Business Leaders” Professor Andy Wong, Associate Dean (Undergraduate Studies) at the Chinese University of Hong Kong (CUHK) Business School stressed the need for students to seize opportunities to explore areas outside of their field of study or interest. Wong said students looking to become HR practitioners would strengthen their potential by developing an entrepreneurial mindset.

SAP Hong Kong Co. Ltd sponsors the VIP luncheon on the first day of the Conference and Exhibition.

A record number of exhibitors showcase various latest HR services and offerings.

24

HUMAN RESOURCES • January/February 2019

A student from YMCA performs at the start of the Inspirational Plenary.

Conference features multiple perspectives In spite of headlines such as “Will Robots and AI Take Your Job” regularly appearing in the media, many of the concurrent sessions focused on the various ways that technologies, including AI, will result in a “displacement” rather than “replacement” of jobs. The concurrent sessions also highlighted specific challenges and opportunities for the HR function, such as reskilling workforces, acquiring scarce digital talent, using agile processes to improve employee engagement, and leveraging artificial intelligence to attract, recruit and retain employees.

Meanwhile, a series of more than ten symposiums spread across the two days focused on a broad range of topics including employee engagement, employee experience, resilient and impactful leadership, and the different ways that virtual reality can be applied to corporate learning. In addition, the exhibition area featured a record number of exhibitors offering a wide range of the latest HR-related systems and services. Importantly, as a thoughtprovoking, interactive conference, the event offered multiple opportunities for participants to network, share and discuss ideas, and to validate or consider improving what they might already be doing.

Acknowledgement to the Sponsors of the HKIHRM Annual Conference and Exhibition 2018 Category

Company

Gold Sponsors

Computer And Technologies Holdings Limited Hong Kong Baptist University Lumesse Hong Kong Limited Philip Morris Asia Limited EY

VIP Lunch Sponsor

SAP Hong Kong Co. Ltd

Refreshment Sponsor

AIA International Limited

Folder Sponsor

CITIC Pacific Ltd

Talent Development Sponsors

MTR Corporation TAL Apparel Limitd The Hong Kong and China Gas Company Limited The Hong Kong Jockey Club

Publication Sponsor

CLP Power Hong Kong Limited

Souvenir Sponsors

aCube Solutions Limited Peace be Natural Limited PolyVision

Gift Sponsors

Arte Hong Kong Limited Dairy Farm HK Express

Projector and Printer Sponsor

Epson Hong Kong Limited

Laptop Sponsor

HP Inc Hong Kong Limited

Conference App Sponsor

Micepad Limited

Video Sponsor

Simpleshow Asia Limited

Media Partners

Classified Post cpjobs.com

Digital Media Partners

Twenty three concurrent sessions take place during the two-day Conference and Exhibition with interactive activities for the participants.

CTgoodjobs PressLogic

Participants have a choice of free symposiums to attend at the Conference and Exhibition.

HUMAN RESOURCES • January/February 2019

25

HR Excellence Awards Winner’s Series 2017/18

JTH Group, Grand Award, Excellent Technology Innovation Award and the Elite Employee Wellness Award recipient in the HR Excellence Awards 2017/18 organised by the Hong Kong Institute of Human Resource Management (HKIHRM) believes that innovation is not a slogan, but a driver of creativity.

Below, JTH Group offers insights about the motivation and strategies the organisation has implemented that helped the company become a triple winner in the HR Excellence Awards 2017/18 – hailed as the Oscars of Hong Kong's human resources profession.

JTH Group Grand Award of the Year Excellent Technology Innovation Award Elite Employee Wellness Award What is the rationale behind launching a corporate (Gamification x VR360) app and how can the app help to change the corporate culture and communications among colleagues?

JTH Group was looking for a way to connect and encourage interaction between geographically dispersed teams of colleagues from Hong Kong, Singapore, Malaysia and China.

The corporate app provides a social media platform where management can share its goals, strategies and timely news items without the need to print newsletters. The app also enables colleagues to share their happy moments, innovative ideas and praise other colleagues. Furthermore, colleagues can conveniently register to participate in company events, which saves a lot of time from an organising perspective.

Aware that smooth on-boarding often sets the stage for an employee’s early

26 HUMAN RESOURCES • January/February 2019

“engagement” experience, in addition to a welcome from the management team, the app allows new joiners to quickly get to know the company and other teams by viewing VR360 videos, which also provides them with entertaining challenges designed to help them to integrate and meet new colleagues. New joiners not only find out more about the company in an interesting way, they are also rewarded with gifts which they select via the app for completing challenges.

How does your company ensure that the corporate app and other HR management strategies complement corporate development?

A prime goal of the corporate app and other JTH HR management strategies is to create a strong cross-company culture where we connect our people, empower them to share ideas and

embrace the concept of continuous learning, at anytime, anywhere, via any device. In fact, a concerted effort is made to treat our employees like our customers. This ensures our HR activities and our business activities complement each other. For instance, promoting VR360, gamification and animated job advertisements complement our business offerings. The branding effect also helps us to attract talent, which is critical to our future business operations.

Building on the successful use of the Gamification X VR360 solution by our HR function, we have made the system available to our external customers. The strategy also supports our corporate development focus of promoting new digital solutions, which include artificial intelligence (AI), big data, cloud technologies and mobility. Importantly, the digital strategy helps us to focus on our environmental goals which include using less paper.

What major challenges did your HR team come across when developing the project, and how did you overcome the challenges?

The first challenge was obtaining management buy-in. The social app concept which invited colleagues to post ideas and share their thoughts and experiences on a wide range of subjects initially raised some concerns from management. Encouraging our colleagues to download the corporate apps to their personal smartphones was also a significant challenge. A further challenge involved finding ways to ensure colleagues would use the apps.

To promote the use of the apps, we rolled out communication programmes and a gamification fun day across the region. Roadshows were also conducted to promote awareness and encourage colleagues to use the apps. As a further incentive, VR360 goggles were given colleagues.

But there is no letting up. It requires a lot of work and commitment to keep the content updated and fresh to promote and encourage use of the apps. Different marketing campaigns and recognition programmes are regularly rolled out to encourage app usage. A good example is the video games we rolled out when we started to promote gLearning (game learning).

What strategies can you suggest to gain the buy-in from top management to support digital transformation for the HR function?

Top management must be openminded to innovation and the concept of the HR function being at the forefront of implementing digital transformation. JTH has set a good example by showcasing that digitalisation can be achieved via the HR function. By creating a digital transformation showcase solution, our HR function has contributed to the business by creating a solution which our business function can sell to our customers. There is also a strong branding effect because our colleagues feel proud that they are part

of something that other companies in the market don’t have. We also believe in the concept of “fail fast, learn fast, correct fast”, which is critical to driving digital transformation.

HUMAN RESOURCES • January/February 2019

27

HR Excellence Awards Winner’s Series 2017/18

By championing diversity and inclusion through four Employee Resource Groups, AIG Insurance Hong Kong Limited has committed to share a common value of “Greatly valuing the diversity of perspectives that come from all places and people ” across the organisation. By demonstrating that diversity and inclusion are at the heart of its corporate culture, AIG was the recipient of the Excellent Diversity & Inclusion Award in the HR Excellence Awards 2017/18, organised by the Hong Kong Institute of Human Resource Management (HKIHRM).

AIG Insurance Hong Kong Limited Excellent Diversity & Inclusion Award Why did the company set up four Employee Resource Groups and how do they work together to promote the culture of diversity and inclusion across the organisation?

Diversity is a global focus at AIG. We have established four Employee Resource Groups (ERGs), which share a common value of: “Greatly valuing the diversity of perspectives that come from all places and people ”. This is the AIG Global Diversity & Inclusion (D&I) manifesto that we have embedded in our global Vision, Mission and Values.

The current four ERGs at AIG Hong Kong are designed to focus on Gender, Generation, Different Abilities and Sexual Orientation, which align with AIG’s broad diversity agenda. Our ERGs were formed and are led by passionate employees who share a common passion for diversity. The ERGs have become an important platform to support the professional growth and career development of volunteer members.

In addition, they enable us to reach the external market through community out reach activities. Participating in various activities such as Pink Dot and Barrier Busters have not only helped the community but have also enriched the lives of AIG employees.

28 HUMAN RESOURCES • January/February 2019

To promote a strong D&I culture across the organisation, our Hong Kong ERG community organises approximately 20 events every year. Our ERG leaders have a robust way of managing internal ERG events through regular meetings to explore joint event opportunities.

They also take part in brainstorming sessions to overcome common challenges and discuss upcoming events that require support from other ERG members. Collaboration is key!

Regular reporting is required and submitted to the Global ERG office in New York, which allows AIG to ensure that the ERGs are running effectively and are adequately supported. The four ERGs are also regularly acknowledged at Town Hall meetings, and in the Hong Kong AIG monthly internal newsletter to ensure that the business and staff are supporting the important work that is being done. AIG Hong Kong is taking baby steps in moving towards our ultimate goal, so it is very important to ensure the ERG events are informative, inspiring and fun.

How does the HR department work with the management team on the strategies to engage employees?

Engaged employees are the backbone of a successful company. We

truly believe that keeping employees engaged and motivated is fundamental to business performance and attracting and maintaining the very best talent. We implemented “Workday” in 2011, which has made real-time information easily accessible to managers and employees.

This is important so that staff can make decisions based on information quickly and easily. Predictive HR metrics is the next initiative that we are currently working on. When the solution tool is rolled out, it will provide managers with a more holistic view of the different types of engagement and development needs within their own hierarchy, as well as staff potential based on their skills, abilities and achievements.

Market data embedded in our HR metrics is another area of useful information that serves as a benchmark. Like many other companies, we conduct yearly employee surveys which focus on three key areas – Growth & Development, Technology & Resources, and Compensation & Benefits.

The results work as a key index for us to review the effectiveness of implemented employee engagement strategies as well as to improve on areas that we may have overlooked. Furthermore, the anonymous letterbox and “Your Opinion Matters” email provide two important channels for employees to provide feedback.

HR Toolbox

Smart Healthcare Planning Can Benefit Employers and Employees

By Constance Yuen, Chief of Staff, Cigna Hong Kong

• The rising trajectory of healthcare costs is all but certain to continue, by choosing a healthcare insurance partner that offers a programme tailored to an organisation’s specific needs. The HR function can maximise the benefits that help to attract and retain top talent.

• With issues of workplace stress and mental health well-being flashing on the radar of many organisations, designing an employee well-being programme requires a significant degree of planning, which can benefit when aligned with support from a healthcare benefits partner.

T

asked with the responsibility of not only acquiring, developing and retaining talent for their organisations, the HR function plays a leading role in taking care of employees’ well-being, which includes choosing the right healthcare benefits provider the organisation engages.

30 HUMAN RESOURCES • January/February 2019

With most employees considering health insurance to be one of the most valuable employee benefits when evaluating a prospective employer, there are multiple factors the HR function needs to consider when selecting an appropriate healthcare benefits provider. Whether it’s an

established organisation looking to switch its health benefits provider or a new enterprise in search of the ideal health benefits plan to attract high-potential staff, a top priority is to ensure that the benefits provider has the tools and capability to offer cost effective solutions.

Here are six key issues that the HR function should consider when developing a healthcare solution and working with a health benefits provider.

Choosing the right healthcare partner For a multinational corporation with a workforce spanning generations and multiple geographic locations, a flexible, healthcare solution that provides a comprehensive range of options is essential. The group medical plan must also be supported by an international network and resources that allow employees to manage their health wherever they are. Meanwhile, small to medium sized enterprises (SMEs) and startup companies can consider opting for more standardised benefits plans as a more financially viable alternative. In addition to the standard benefits plan, depending on the company’s employee healthcare requirements, it is advisable for SMEs and start-up enterprises to check whether the service provider offers voluntary healthcare coverage top-up options that allow employees to add additional benefits to cover personal needs and preferences.

For example, specific private maternity healthcare or existing or future health concerns. The HR function should also check to see if the service provider offers highrisk care management and second opinion service, if an employee needs it.

medical needs. Therefore, the benefits programme should cover healthcare categories such as inpatient, outpatient, maternity benefits, and vision and dental care. To widen choices further, the provision of alternative therapies and pre-emptive wellness benefits are important options for employees when it comes to making decisions about what kind of medical treatment they prefer.

Prevention as well as cure Besides the key medical care components which form the core framework of a medical plan, preventative healthcare measures have become a key feature of corporate wellness plans. If an insurer can provide an efficient wellness programme covering different dimensions of health, not only can it help to boost productivity, but in addition, can result in fewer medical claims and consequently, lower health insurance costs. To determine

whether a healthcare partner is sufficiently resourceful in providing all-round solutions and capabilities to support an organisation’s wellness strategies, it is important to establish a few key areas. For instance, can the insurer help the organisation assess employees’ health, based on lifestyle, biometric screening, and readiness for change? Does the healthcare partner have the capability to categorise employee health status into low, medium, or high-risk levels, based on fitness, family history and major health risks? Importantly, can the healthcare insurer offer an employee health programme that includes lifestyle coaching, nutrition counselling, fitness programmes, stress management, and preventive care? And whether the healthcare provider is able to evaluate and integrate any existing Employee Assistance Programmes (EAPs) into the core framework of a medical plan.

A flexible, comprehensive healthcare solution is vital to employee healthcare benefits In addition to cost, coverage, service model and quality, when choosing a suitable healthcare partner, the HR function needs to consider a range of factors. For instance, flexibility in the use of annual limits for various healthcare categories. To maximise efficiencies, employees and their dependents need to be able to utilise medical benefits in a personalised manner according to their genuine

HUMAN RESOURCES • January/February 2019

31

HR Toolbox

Well-being programmes are pivotal for attracting and retaining talent At a time when a growing number of employers are beginning to realise the “soft” costs of behavioural health, workplace health and well-being programmes not only have a positive impact on employees’ wellness, they can also lead to a significant increase in an organisation’s engagement, cohesiveness and overall productivity.

A structured wellness programme codeveloped with a health insurance partner can be an effective means of demonstrating to current and potential employees that the organisation cares about them. This is highlighted in the 2018 Cigna 360 Well-being survey, with 50% of Hong Kong respondents reporting that workplace wellness programmes are an important factor when choosing between two potential employers.

While healthcare benefits play a critical role in employees’ well-being, since employees are now better informed about well-being innovations in the market, a healthcare benefits partner should have the capability to collect the necessary health data from employees,

and design programmes and solutions accordingly. The healthcare benefits partner should also be able to provide both insight and actionable items to help an organisation improve employee well-being practices.

Mental health services As the economic costs to businesses relating to poor mental health continue to rise, mental health is becoming one of the critical new frontiers for employee engagement and support, as well as organisational productivity and success. The 2018 Cigna 360 Well-being survey identified 92% of Hong Kong respondents are suffering from stress, particularly the millennial generation (95%), with 39% attributing work as the primary cause. To support sustainable mental health care in the workplace, HR practitioners can check with their healthcare insurance providers to see if their healthcare programmes provide psychiatric and psychological care. It is also worth checking to see whether group medical benefits grant employees access to licensed clinicians to help them with emotional, behavioural or other problems they may be experiencing. To help to better manage the hard and soft costs of behavioural

health conditions, the HR function can consider establishing an EAP that assists employees at all levels with personal and/or work-related problems that may impact their job performance, health, mental and emotional wellbeing.

Technology can help to make healthcare benefits convenient and accessible In an age when technology is constantly changing, healthcare technology has the capability to reshape how employers help employees manage their healthcare programmes and benefits packages. While there has been a proliferation of digital healthcare solutions in the market in recent years, the key is to ensure that participation is as easy as possible for employees. For example, it makes life more convenient for employees if they can access details of their staff medical plan, search for a doctor easily, provide an electronic medical card for a clinic visit, and submit any claims through a simple online process.

In addition, to make healthcare benefits and services more accessible, technology is also fuelling simpler access to consultation services. A new tele-medicine solution, for example, allows employees to describe their symptoms, provide photos, and have a video consultation with panel doctors approved by the healthcare benefits provider through a mobile app. But it’s not just employees who stand to benefit from virtual healthcare, with employees taking time off for medical appointments, often involving hours of time from the workplace, the financial benefits of virtual healthcare could significantly reduce absenteeism.

With mounting pressure on the HR function to ensure that employee healthcare benefits programmes deliver measurable results — flexible, employee-centric healthcare benefits plans can strengthen employee engagement, and ultimately, the acquisition and retention of employees that organisations rely upon.

32 HUMAN RESOURCES • January/February 2019

China Focus

China Waives Work Permit Requirement for Taiwan, Hong Kong and Macau Employees

By Dezan Shira and Associates

• As of 1 September 2018, residents of Taiwan, Hong Kong and Macau (THKM) will no longer need work permits when they are hired by enterprises in Mainland China, meaning they will be treated the same as local residents. This makes it easier for THKM residents to work, study, live and travel in Mainland China.

• Under the new legislation, announced by China’s State Council, the permit requirement for THKM residents has been entirely dropped, removing the administrative red tape for THKM jobseekers and simplifying the hiring process for employers. However, THKM residents will continue to be treated differently than Mainland Chinese residents in a number of employment-related areas, including social insurance benefits.

P

reviously, under the Administrative Regulations on Employment of Taiwan, Hong Kong and Macau Residents in Mainland , residents from THKM regions were required to obtain a work permit before working

in Mainland China. A THKM resident was required to submit up to ten items of paperwork which included the employer’s business license, employee’s health certificate and valid travel documents, in order to obtain a work permit.

While the process for THKM residents to acquire a work permit was already significantly less onerous than that required of foreign applicants – generally taking only one to three weeks to complete – under the new legislation, the process of applying

HUMAN RESOURCES • January/February 2019

33

China Focus

for a work permit has been removed completely. Additionally, the previous work permit system meant that THKM residents were required to apply for a new permit when switching employers and would be subject to the permit’s two-year renewal period. In lieu of the work permit system, THKM residents can now use their business license, labour contract, wage payment documents or social security payment records as evidence of employment in Mainland China. Additionally, they will now be eligible to register for unemployment benefits.

Separately, the State Council announced that further measures will be released to guide the Ministry of Human Resources and Social Security to facilitate these new measures and to strengthen its supervision of employment services, social security, unemployment registration and labour rights protection.

Who can apply?

Not every THKM resident can apply for the new Mainland residence permit – only those who have been legally working, living or studying in Mainland China for at least half a year can apply.

For THKM residents who are under 16 years old, their guardians can apply for the Mainland residence permit on their behalf.

What are the benefits?

THKM residents who obtain a Mainland residence permit can legally work in the city in which they are registered without having to acquire a work permit. Further, holders of the Mainland residence permit can pay social insurance and housing fund contributions in the resident city and enjoy their benefits.

Public services that THKM residents with Mainland residence permits can enjoy include: compulsory education; basic public employment service; basic

public health service; public cultural sports service; legal aid and other legal services; and other basic public services stipulated in the state and residence city.

In addition to the public services, THKM residents with a Mainland residence permit can now enjoy the same convenience as Mainland residents in a number of areas. For example, qualified THKM residents can benefit from the same procedures as Mainland residents for accessing banking, insurance, securities and futures, and other financial services; booking hotels and transportation; applying for driver’s licenses; and registering for family planning services, among others.

THKM residents undertaking activities in Mainland China who need to prove their identity can also use their Mainland residence permit as proof.

Previously, THKM residents had to prepare several documents to be able to use public services and participate in business activities, such as the travel permit to Mainland China, work permit, residence permit and labour contract. Despite the elimination of work permits for THKM residents, they will still be treated differently than Mainland Chinese workers in certain areas, such as access to healthcare and pension benefits. For example, THKM residents will still have to pay for medical services in public hospitals in full before seeking reimbursement for social insurance – if insurance is provided by their employers.

How to apply?

THKM residents who would like to apply for the Mainland residence permit should prepare and submit relevant application materials to the local public security bureau or the household registration office designated by the local public security bureau. HR departments may choose to assist their THKM employees in completing this process, or simply provide them with the required documents if they are requested.

34 HUMAN RESOURCES • January/February 2019

an employee’s salary. In the event a THKM resident that has been paying social insurance decides to leave Mainland China, they will be able to apply for a refund for their contributions. The employer, however, cannot acquire a refund for their side of the contributions in this situation.

In addition to increased working rights, the Chinese government has released other incentives to attract THKM residents. For example, in July 2018, the Guangdong provincial government announced measures providing Taiwanese residents with the same investment, employment and study rights as Mainland Chinese residents in a number of areas.

During the application process, HR departments may need to provide employees with proof of employment, such as a business license, labour contract, proof of employment relationship issued by the employer, or other materials which can prove legitimate and stable employment.

Once the Mainland residence permit is granted, it will be valid for five years. Upon expiry, it can be renewed at the bureau in charge.

Implications for employers and the HR function For employers of THKM workers and HR professionals involved in talent management, the main advantages are the streamlining of administrative steps during the on-boarding process and greater ability to attract THKM talent. The change may, however, raise costs for employers in some jurisdictions in China. In some regions, such as Shanghai, it is optional for foreign workers and THKM residents to pay social insurance. If a worker opts out, the employer does not need to make

social insurance contributions for that employee. It remains unclear whether this policy will be affected by the new rules on THKM workers.

It is possible that it will become mandatory for THKM employees to pay social insurance in these areas, but this point has not yet been explicitly confirmed by relevant authorities. In the meantime, businesses operating in regions where THKM employees could traditionally opt out of paying social insurance are advised to keep close contact with the local HR bureau to confirm their status and avoid penalties for non-compliance.

As the development and integration of the Pearl River Delta Greater Bay Area – which includes Hong Kong, Macau, and nine cities in Guangdong province – is a priority for the Chinese government, further incentives and regulatory changes that make it easier for Hong Kong and Macau residents to live and work in Mainland China could be introduced going forward.

China-based HR managers should therefore continue to take special precautions for THKM employees, as their status remains different compared to Mainland Chinese employees and could be subject to different regulatory changes.

If it does become mandatory – or more THKM employees voluntarily decide to opt in now that they can access more benefits – businesses operating in these regions will also have to pay their side of statutory social insurance obligations. This can be a significant cost for employers, as the average employer contribution rate for social insurance and the housing fund in China is 37.25% of

HUMAN RESOURCES • January/February 2019

35

中國焦點

中國內地取消台港澳人員就業証的 規定 Dezan Shira and Associates

• 2018年9月1日起，台灣、香港和澳門（台港澳）居民在中國內地企業受僱，再無須辦理就業証；這表示他們將享 有與當地居民同等的待遇。這措施讓台港澳居民在內地工作、學習、生活和旅遊時更加方便。 • 在國務院頒布的新法規下，台港澳居民申辦就業許可的規定完全取消，台港澳求職者不必再辦理煩瑣的行政手續， 僱主聘任僱員的過程也得以簡化。不過，在多個與就業相關的範疇，包括社保福利等，台港澳居民跟內地居民的待 遇仍有不同。

往根據《台灣香港澳門居民

得多；在新法規下，辦理就業証的規定更

會保障部將在台港澳人員就業服務、社會

在內地就業管理規定》，台

完全取消。此外，在以往的就業許可制度

保障、失業登記、勞動權益保護等方面，

港澳居民在中國內地工作前，

下，台港澳居民每次轉換新工作，都要另

出台配套政策措施，以加強監管。

須先辦理就業証；辦証過程

辦就業証，而且須每兩年續辦一次。現在

中，須出示多達十項文件，包括僱主工

台港澳居民不必辦理就業証，其工商營業

合資格申請人士

商營業執照、僱員健康証明及有效旅遊証

執照、勞動合同、工資支付憑証或社會保

並非所有台港澳居民均可申領新的內地居

件等。

險繳費紀錄均可作為在內地就業的証明。

住証，只有在內地合法就業、居住或就讀

他們現在亦可作失業登記。

半年以上，才可申請領取居住証。未滿

以

台港澳人員辦理就業証一般只需一至三 星期，既有的程序已比外國申請者便捷

36 HUMAN RESOURCES • January/February 2019

十六周歲的台港澳居民，可以由監護人代 此外，國務院的公布指出，人力資源和社

為申請領取居住証。

申請的好處

申請方式

不繳納社會保險費的地區經營業務的機

持有內地居住証的台港澳居民，可在居住地

台港澳居民申請領取居住証，應準備相關

構，宜與當地勞動部門緊密聯絡，瞭解事

合法就業，無須申辦就業許可。居住証持有

申請文件，提交居住地公安機關指定的公

態發展，避免因違規而招致罰款。

人亦可在居住地參加社會保險，繳存和提取

安派出所或者戶政辦証大廳。人力資源部

住房公積金。

門可協助台港澳僱員辦理申領手續，或可

假如為台港澳僱員繳納社會保險費成為強

在僱員提出要求時提供所需文件。

制要求，又或更多台港澳僱員因可獲得更

台港澳居民居住証持有人可享用的公共服務

多福利而決定參加保會保險，在這些地區

包括：義務教育、基本公共就業服務、基本

辦証期間，人力資源部門或須向僱員提供

經營的機構便須盡其法定義務，繳納僱主

公共衛生服務、公共文化體育服務、法律援

就業証明，例如工商營業執照、勞動合

一方的社會保險費。僱主在內地繳付的社

助和其他法律服務，以及國家及居住地規定

同、用人單位出示的勞動關係証明，或者

會保險和住房公積金，平均為僱員薪金的

的其他基本公共服務。

其他能夠証明有合法穩定就業的材料等。

37.25%， 對 僱 主 來 說 可 以 是 相 當 大 的 負

台港澳居民居住証有效期限為五年，有效

擔。一直繳納社會保險費的台港澳居民決

期滿時可到主管機關換領新証。

定離開中國內地時，可申請發還已繳的保

除公共服務外，台港澳居民居住証持有人也 可與內地居民同樣享受多種福利，例如辦理

險費，但僱主卻不能申請發還僱主一方的

銀行、保險、証券和期貨及其他金融服務；

對僱主和人力資源部門的啟示

預訂旅館及交通安排；申領駕駛証；以及辦

對聘用台港澳人員的僱主和人力資源專才

理生育服務等。

而言，新政策最大的好處，是減省聘用時

除了增加就業方面的權益之外，中國政府

的行政程序，以及提高吸引台港澳人才的

還推出其他措施，以吸引台港澳居民。例

台港澳居民在中國內地活動，如須証明其身

能力。然而，政策上的改變，可能提高某

如在2018年7月，廣東省政府便公布多項措

分，亦可出示居住証作為憑証。以往台港澳

些地區的僱主的成本。有些地區（例如上

施，在投資、就業和學習方面向台灣居民

居民在使用公共服務及參與商業活動前，須

海）的海外僱員及台港澳居民有權選擇是

提供與中國大陸居民相同的權益。

辦理多種文件，例如來往內地通行証、就業

否繳納社會保險費，若僱員選擇不繳納，

証、居住証、勞動合同等。雖然目前取消了

僱主亦無須為該僱員繳交社會保險費；台

珠江三角大灣區包括香港、澳門和廣東省

申請就業許可的要求，台港澳居民在多方面

港澳人員的新規定對於這政策的影響，目

九個城市。大灣區的發展與融合，是中國

的待遇仍與內地居民不一樣，包括醫療、退

前仍不清楚。

政府的要務，因此便利香港和澳門居民在

休金福利等。以醫療服務為例，假如僱主有

繳費。

中國內地生活和就業的鼓勵措施和法規改

為台港澳僱員提供保險，台港澳居民在公立

在這些地區就業的台港澳居民，將來有可

變，日後可能陸續出台。因此，中國內地

醫院就醫時，仍須先繳足費用，然後才可從

能須強制繳納社會保險費，但有關當局仍

的人力資源經理應繼續特別留意有關台港

社保金中申請發還。

未明確證實。這期間，在僱員向來可選擇

澳僱員的規定。這些僱員的身分，始終有 別於中國內地僱員，可能受到不同的法規 改變影響。

註：此中文版本內容由供稿者提供及核實。

HUMAN RESOURCES • January/February 2019

37

Legal Highlight

Duty of Care – How to Look After Overseas Travelling Employees

By Jennifer Van Dale, Partner, Eversheds Sutherland Hinny Leung, Trainee Solicitor, Eversheads Sutherland

• One of the major concerns for any organisation is the safety of its employees, whether they are at a different office location, on-the-road or in the air. When a critical incident or emergency strikes, organisations need to assess the impact of the event, locate their people and communicate with them to ensure their safety and direct them to take specific actions.

• The globalisation of the economy has led to increased transnational business opportunities. As employees expose themselves to greater health, safety and security risks in new environments, the legal risk to employers, who owe a duty of care to employees, has similarly increased.

Unfortunately, however, it is often only after an incident occurs that employers consider their duty of care responsibilities and preparedness.

U

nder Hong Kong law, employers have an implied four-fold duty to provide a safe working environment for employees. Employers must ensure employees are provided with competent co-workers, safe place of work, safe plant and tools, and safe systems of work. Employers have an affirmative duty to take positive action to ensure the safety of employees, so it will be insufficient to simply put in place safety rules then do

38 HUMAN RESOURCES • January/February 2019

nothing about their implementation and compliance. While employers owe a non-delegable duty of care to every individual employee, there is no absolute duty to warrant the safety of an employee. Indeed, the Occupational Safety and Health Ordinance only mandates employers to ensure the safety and health of all its employees as far as reasonably practicable. The test is to balance the seriousness of the risk against the difficulty of eliminating it.

However, the duty applies only to the period in which the employee is engaged in the work he or she is employed to do, including matters incidental to that work. Moreover, employees have a responsibility to look after themselves. Employees who disregard their own safety or fail to follow proper instructions from the employer will be contributorily negligent, and the employer’s liability will be reduced proportionately.

How are employers fulfilling their duty of care responsibilities?

Employers will usually institute a number of health and safety-related work policies, which employees receive training on and are expected to follow. These policies usually provide for elaborate schemes to assist employees in handling risks arising from the workplace. In doing so, employers demonstrate that they have taken measures, as far as reasonably practicable, to minimise the risks of harm which employees may suffer in the workplace.

An example is evacuation procedures in case of fire. Typical work policies will inform employees of the location of emergency exits, proper steps to take after discovering the fire situation, and the pre-determined central meeting location following evacuation from the office building.

Employees are expected to participate in periodic fire and other emergency preparedness drills, and to maintain up-to-date personal and next-of-kin contact information, such that they can be reached to confirm their safety in the event of emergency.

in which employers can impose a range of protective rules and policies to discharge their duty of care responsibilities. Employees may travel anywhere from the Asia Pacific to Europe or North America overnight, and so expose themselves to risks which may never have been contemplated by employers. Natural disasters, kidnapping, terrorist attacks, infectious diseases, and bullying by overseas colleagues are just some of the myriad possibilities international business travellers may encounter.

Failure to discharge the employer’s duty of care can attract significant civil liabilities. Employees may claim damages for loss of future earnings and earning capacity where they are severely injured, for example in the event of a terrorist bombing while working overseas; and it may be possible to claim damages for pain, suffering and loss of amenities

through psychiatric illness brought about by stress. Compensation under the Employees’ Compensation Ordinance may also be relevant where employees are injured or killed while working overseas.

Comprehensive travel insurance cover can only go so far in mitigating against the financial risks employers face, and will not by itself be sufficient to discharge an employer’s duty of care, especially where the nature of the risk to the employee was foreseeable. Employers will further need to deal with potential reputational damage from bad publicity, and business continuity if a key employee is injured (or worse) and unable to work. What employers need to do is to conduct proper risk management to understand the nature and likelihood of risks when sending an employee overseas for work. This may require consideration of the following:

Another example is work rules on manual handling. Employers will try to minimise incidents of industrial accidents through the use of workplace warnings and other awareness building initiatives.

Employers will usually provide various tools and equipment to help employees handle manual work, coupled with training sessions to correct hazardous work habits.

Communication channels are provided for employees to report any unsafe working conditions, practices and equipment to the employer.

Why do modern circumstances make it so difficult to look after employees?

With growing globalisation, the workplace has become more "borderless". Employees are no longer confined to a single workplace,

HUMAN RESOURCES • January/February 2019

39

Legal Highlight

1. Employers may institute workplace policies to govern the means and route of transports and the type and location of accommodation.

These policies can restrict employees to book only approved airlines and hotels, which have been assessed by the employer to pose low health and security risks to travelling employees.

2. Individual assessment of employees may be conducted through evaluating an employee’s individual characteristics, cross-cultural competence and experience, and emotional intelligence, so as to determine whether an employee is suitable to be sent overseas for work. Different sets of standards may be instituted according to the circumstances of particular geographies. For example, where an employee is required to be sent to more dangerous environments, selecting employees who have lived outside Hong Kong and are more socially aware of their surroundings may significantly reduce risk levels for both the employer and employee.

3. Continuing support should be provided to employees, including geographic-specific information on food safety, personal security, safe use of public transport and religious awareness; and company hotlines allowing employees to communicate with and report to someone in Hong Kong on a regular basis.

4. Contingency plans for responding to incidents should be put in place. Employees should be trained on what to do in the event of an incident, for example who to call and how to behave, such that they can effectively and properly manage crises that occur.

An internal response strategy should be put in place, to ensure employers can provide the support overseas employees require in time of crises.

40 HUMAN RESOURCES • January/February 2019

Key takeaways for HR practitioners Not every employer has the resources to institute, implement and enforce comprehensive work rules and policies for employees when overseas. For employers who only have a handful of travelling employees, it may not from a cost benefit perspective, nor from the standpoint of equal treatment of employees, be sensible to devote large amounts of company resources to cater for the needs of select employees.

Low-tech solutions are often the best solutions: a simple wallet card with emergency numbers; setting up a calling tree to ensure overseas employees are able to reach help; or maintaining communication with the employee’s family in Hong Kong, are usually effective means of mitigating

against risks for overseas employees.

Having back-up plans even on an ad-hoc basis will also be helpful in responding to unanticipated health and safety risks.

Note: The information contained herein is intended to be a general guide only and is not intended to provide legal advice. This journal, its publisher and the HKIHRM do not assume any legal responsibility in respect of any comments provided in this article, which do not constitute legal advice and should not be taken or construed as such. Independent professional legal advice should be sought as necessary in respect of legal matters and issues raised in this article.

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法律點題

謹慎責任—如何保障海外公幹的僱員 安睿順德倫國際律師事務所合夥人 安睿順德倫國際律師事務所見習律師

包正芬 梁逸軒

• 無論僱員身處不同辦公地點、乘搭陸 上交通工具或在飛機上，所有機構都 十分關心僱員的安全。在意外發生或 出現緊急狀況時，機構有需要評估事 件的影響、確定僱員身處的位置、與 他們聯絡，確保他們安全，並指示他 們採取特定行動。 • 經濟全球化之下，跨國業務日增。僱 員於新環境工作，面對更大的健康和 安全風險；而須對僱員履行謹慎責任 的僱主，所承受的法律風險也相應增 加。可是，僱主往往在意外發生後， 才考慮其謹慎責任，再作應有的準 備。

據香港法律，僱主有默示責任

然而，這責任，只限於僱員從事受僱工作

以發生火警時的撤離程序為例，典型的工作

為僱員提供安全的工作環境。

（包括該工作附帶的事宜）的期間。而

政策，是告知僱員緊急出口的位置、發現火

這責任有四重：提供稱職的

且僱員有照顧自己的責任；假如僱員不

災後應採取的正確步驟，以及撤離辦公大樓

同工、安全的工作地點、穩妥

顧自身安危，或沒有遵從僱主的適當指

後的指定中央集合地點。僱員應參與定期的

的作業裝置與工具，及適當的工作系統。

示，便屬共同過失，僱主的責任便相應

火警演習及其他應急演習，並更新個人資料

僱主有責任採取積極行動以確保僱員安

減少。

及親人聯絡資料，以便僱主在緊急情況下聯

根

全；因此，僅制訂安全守則，而不理會守

絡僱員，確定僱員是否安全。

則是否得到實施和履行，並不足夠。僱主

僱主如何履行謹慎責任?

須對每名僱員履行這不可轉委的責任，但

僱主通常實施一些與健康及安全相關的工

另一例子是人手工序的工作守則。僱主往往

沒有絕對責任保證僱員的安全。事實上，

作政策，為僱員提供培訓，並要求僱員遵

在工作地點設置警示牌，或透過提高僱員的

《職業安全及健康條例》只規定僱主在合

守。這些政策通常訂明詳盡的方案，協

意識，盡量減少工業意外。僱主通常提供工

理的切實可行範圍內確保僱員安全及健

助僱員處理工作地點的風險。僱主這樣

具及設備，協助僱員處理人手工序，並提供

康；在判斷僱主是否有履行這責任時，須

做，顯示他們已採取合理的切實可行措

培訓，改正危險的工作習慣。僱主也往往提

衡量風險的嚴重性，以及消除風險的困難

施，盡量減少僱員在工作地點受傷害的風

供溝通途徑，讓僱員向僱主報告不安全的工

程度。

險。

作情況、做法及設備。

42 HUMAN RESOURCES • January/February 2019

人力資源專才注意事項 並非所有僱主都具備充足資源，為海外僱 員制訂、實施和執行完備的規則及政策。 對於只有少量僱員到海外工作的僱主來 說，若使用大量公司資源配合少數僱員的 需要，既不符合成本效益，也不符合公平 對待僱員的原則。 低科技方案往往是最佳方案。製作簡單的 袋裝卡，臚列緊急聯絡電話號碼；設立電 話聯絡網，確保海外僱員可得到所需協 助；以及與僱員的在港家人保持聯繫，這 些都是為海外僱員消除風險的有效方法。 制訂後備計劃，即使是臨時的計劃，也有 助海外僱員應對突如其來的健康及安全風 險。

現今情況為何令僱主難以照顧僱員

1. 僱 主 可 制 訂 有 關 交 通 工 具 、 行 程 路 線 及

隨着全球化發展，工作地點已越來越變得

住宿地點及種類的政策，規定僱員只可

「無疆界」。在特定的工作地點，僱主可

預訂核准航空公司及酒店的機票和住

藉着制訂安全守則和政策，履行其謹慎責

宿，確保旅途和住宿環境經僱主評估，

任；但僱員不再限於在單一工作地點工

對公幹僱員的健康和安全構成較低風

作，有可能一夜之間從亞太區某處飛往歐

險。

洲或北美洲，從而承受僱主可能無從預見 的不同風險。到海外公幹的僱員有可能

2. 僱 主 可 評 核 僱 員 的 個 別 情 況 ， 考 慮 僱

受到多種危險的威脅，例如自然災害、綁

員的獨有特點、與不同文化人士相處

架、恐怖襲擊、傳染病、遭海外同事欺凌

的能力和經驗、以及情緒智商，以決

等，不一而足。

定僱員是否適合派往外地工作。因應 個別地區的情況，還可制訂不同的標

沒有履行僱主的謹慎責任，有可能須負上

準。例如若有需要派遣員工前往危險地

重大的民事責任。僱員在海外工作時若受

區，可挑選一些曾在香港以外地區居

到嚴重傷害，例如遭受炸彈襲擊，可要求

住、較留意所處社會環境的僱員；這

賠償未來收入損失及喪失賺取薪酬能力所 造成的損失，也可能要求賠償由壓力導致

樣便可大大減低僱主和僱員面對的風 險。

的心理疾病所帶來的痛楚、痛苦，及生活 樂趣的喪失。倘僱員在海外工作期間受傷

3. 應 為 僱 員 持 續 提 供 支 援 ， 包 括 提 供 與 特

或喪生，僱主也須按《僱員補償條例》的

定地域有關的資料，例如食品安全、人

規定給予補償。

身安全、使用公共交通工具的安全守 則，以及宗教狀況；並設立公司熱線，

綜合旅遊保險只可消除僱主面對的財務風

讓僱員定期與香港負責人士聯絡，向他

險，不足以協助僱主履行謹慎責任；在僱

們報告。

員面對風險的性質可以預計的情況下，僱 主的謹慎責任更加明顯。僱主還需要處理

4. 制 訂 應 急 計 劃 處 理 意 外 事 故 。 訓 練 僱 員

壞消息可能帶來的聲譽損失，以及重要僱

應對意外的方法，例如意外發生後與誰

員受傷甚至受害以至無法工作時業務延續

聯絡及該如何反應等，好讓僱員能有效

性受損的情況。僱主應做好風險管理，在

而適當地處理危機。同時訂立內部應對

派遣僱員往海外工作時，評估風險性質和

策略，確保在危機發生時，僱主能提供

可能性。可考慮的事項包括：

海外僱員所需的支援。

註：本文所載資料僅供一般參考之用，並不構成任何法律意 見。對於本文所載述的任何意見，本刊、其出版商及香港人 力資源管理學會一概不承擔任何法律責任。該等意見並不構 成法律意見，亦不應被視作或理解為法律意見。對於本文所 提及的法律事宜及問題，讀者如有需要，應自行尋求專業法 律意見。此乃中文譯本，一切內容以英文版本為準。

HUMAN RESOURCES • January/February 2019

43

Case in Brief

Confidential Information and Departing Employees – The Risk from Within

By David Smyth, Partner, Reynolds Porter Chamberlain Michael Maguiness, Of Counsel, Reynolds Porter Chamberlain

Summary A case heard in the High Court illustrates some of the legal principles involved when an employer seeks to protect its confidential information that is said to have been taken by former senior employees joining a start-up venture.

Greater China Appraisal Ltd v Tsang & Ors Hong Kong Court of First Instance [2018] HKCFI 2781 High Court: Sherrington DJHC Date of Judgment 29 November 2018

Facts In this case, the plaintiff company (and former employer) sought to prevent a group of former senior employees from using its confidential information and, in particular, using that information to gain a head start with their new corporate venture. A party seeking injunctive relief before trial, in these circumstances, rarely gets all that they apply for.

Applications for such injunctions are decided according to a wide judicial discretion and there is a balance to be made on the available facts. The balance to be struck includes, on the one hand, an employer’s legitimate interests and on the other, a former employee’s right to use their own skill and knowledge and to work. On the facts, the court granted injunctive relief to protect the company’s confidential information (in the main) but refused so-called “springboard relief” to stop the operation of the employees' new business venture.

44 HUMAN RESOURCES • January/February 2019

The plaintiff company was in the business of providing — among other things — business and asset valuation services.

The six defendants were three former employees of the plaintiff company, two of their spouses and their new company. The three former employees gave notice of resignation within approximately a week of one another and were due to leave the plaintiff company’s employment within approximately three months. Each of the three former employees was described as either a director or senior manager and they were employed in the plaintiff company’s “business valuation and transaction advisory team”.

The three former employees' contracts contained express prohibition against the misuse of the plaintiff company's

confidential information (described as, among other things, material and information regarding the company’s clients) and non-compete provisions.

Each of the three former employee’s employment was also subject to an express and wide-ranging separate confidentiality agreement, which was stated to survive their employment and to entitle the company to injunctive relief in the event of breach.

At some point during their notice period, the three former employees had set up a new company (the sixth defendant) which was going to compete in business valuation services and also intended to provide other business services. It appears that the sixth defendant was dormant until the three former employees left the plaintiff company. The two defendant spouses appear to have helped set up the new company.

The plaintiff company sought to enforce the usual contractual and fiduciary duties against the three former employees but the main part of its argument in support of injunctive relief appears to have rested on the confidentiality agreement. The legal proceedings were also commenced against the background of a Labour Tribunal dispute with one of the former employees. There was also a nineweek delay on the part of the plaintiff company in applying to the court for injunctive relief.

Decision After a review of the relevant legal principles that underpin the protection of an employer’s confidential information and “trade secrets”, the court granted the restraining injunction (as modified by the court) to protect the plaintiff company’s confidential information, but did not grant the “springboard relief”.

The plaintiff company sought to protect three main categories of confidential information. These included – confidential information relating to a particular client project, client billing records and the company’s professional services manual.

The court decided that based on the evidence and, in particular, the express confidentiality agreement, the plaintiff company was entitled to injunctive relief to protect its confidential information. In short, the court considered that it would have been clear to the three former employees what this information was and that it was confidential. The express confidentiality agreement appears to have played a large part in this determination.

It appears that one of the former employees had forwarded a copy of the billing records to his personal email address during his notice period, although (according to him) this was stated to be for the purpose of assisting him with calculating his own bonus/ commission payment. It also appears that another of the former employees had emailed the company manual to his personal email account for his future reference. As for the confidential information relating to a client project, the evidence was unclear but it appears that the client contact had not been solicited by the former employees during their notice period and thereafter the client contact had approached the sixth defendant (the new start-up) himself.

However, the court did not grant the injunctive relief sought by the plaintiff company to prevent the sixth defendant from competing or to stop its business in its tracks. Crucial to this decision was the court’s determination that while confidential information had been taken by at least two of the former employees there was no evidence that the information had been misused (other than having been taken) by anyone, including the sixth defendant. Neither could it be stated, on the facts before the court, that any of the defendants had solicited the plaintiff company’s clients; indeed, those former clients who had instructed the sixth defendant appear to have approached the sixth defendant themselves. Therefore, a case for “springboard relief” was not made out.

In addition to seeking court orders to protect its confidential information, it appears that the plaintiff company sought to prevent the new company from being used by the former employees to gain a head start based on their conduct during their notice periods – an example of so-called “springboard relief”.

The delay of nine weeks in seeking injunctive relief was not fatal in this case, although it was noted by the court. While there is no absolute rule, a delay of several months is unlikely to adversely affect an application for pretrial injunctive relief.

After giving directions, the plaintiff’s application for interlocutory orders came before the court for hearing.

Takeaway points for HR Professionals There are different types of confidential information. The nature of confidential

information will depend on the trade or industry. Trade secrets merit the most protection. With this in mind, an employee is expected to respect confidential information that he or she gains during the course of his or her employment. However, following termination of employment, a former employee is entitled to use his or her own skill and information in future business endeavours. Therefore, the obligation to preserve an employer’s confidential information does not necessarily extend beyond termination of the employment relationship. However, trade secrets do justify protection post-employment.

Besides the usual contractual obligations to keep an employer’s business affairs confidential, it is worth considering the use of an express confidentiality agreement, or side letter, in order to specifically set out in plain language an employee’s obligations regarding confidential information (as defined), both during and after employment.

This is especially true for more senior employees who (as with restrictive covenants generally) can be expected to be held to more onerous obligations than more junior staff. Do not overreach when drafting restrictive covenants and confidentiality clauses in an employment context; a narrow enforceable provision is better than a broad but unenforceable one. To add an extra layer of clarity, tailor the employer’s contractual protection to an employee’s circumstances. On the basis that prevention is better than cure, have robust risk management policies and IT systems in place that protect and restrict access to confidential information — particularly trade secrets. Importantly, act quickly if an employee is abusing an employer's confidential information.

Note: The information contained herein is intended to be a general guide only and is not intended to provide legal advice. This journal, its publisher and the HKIHRM do not assume any legal responsibility in respect of any comments provided in this article, which do not constitute legal advice and should not be taken or construed as such. Independent professional legal advice should be sought as necessary in respect of legal matters and issues raised in this article.

HUMAN RESOURCES • January/February 2019

45

案例撮要

機密資料與離職僱員—內在風險 Reynolds Porter Chamberlain 高級合夥人（亞洲區）施德偉 Reynolds Porter Chamberlain 顧問律師 Michael Maguiness

摘要 一名僱主試圖保障據稱被另行創業的前高層僱員取用的機密 資料，案件在高等法院審訊。此案說明同類個案所涉及的一 些法律原則。

案情 本案原告公司（即前僱主）試圖阻止數名 前高層僱員使用其機密資料，特別是利用 該等資料為新公司開創業務。在這種情況 下，尋求在審訊前頒發禁制令的申請，甚少 獲得全面批准。法院處理這些申請時，有 廣闊的酌情權，須衡量掌握得到的事實。 要權衡的因素包括僱主的合法權益，以及 前僱員運用其知識與技能的權利和工作的 權利。根據案情，法院頒發禁制令，大致 保障公司的機密資料，但拒絕給予所謂 「跳板緩助」，禁止僱員的新公司運作。 原告公司的業務，包括提供業務及資產估 值服務。 六名被告是原告公司的三名前僱員、兩名 前僱員的配偶，以及他們的新公司。該三 名前僱員大約在一星期內先後遞交辭職通 知書，並在大約三個月內先後離任，不再 受僱於原告僱主。三名前僱員的職銜為董 事或高級經理，任職原告公司的「業務估 值及交易諮詢組」。 該三名前僱員的合約明文規定，禁止濫用 原告公司的機密資料（包括公司客戶的文 件及資料），並包含禁止競爭條款。三人 亦分別受制於明確而又內容廣泛的保密協 議，當中註明協議在僱員離職後仍然有 效，並註明如有違反協議條文的情況，公 司有權得到禁制濟助。 在離職通知期內，該三名前僱員成立新公 司（第六被告），該公司將在業務估值服 務方面與原告公司競爭，並準備提供其他 商業服務。在該三名前僱員離開原告公司 前，第六被告似乎一直沒有行動；兩名被 告配偶似乎曾協助成立該新公司。 原告公司尋求強制三名前僱員履行其合約 及受信責任，但申請禁制緩助的主要理 據，似乎基於保密協議。在申請禁制令 時，勞資審裁處正審理原告公司與其中一 名前僱員的糾紛。原告公司向法院提出的 禁制令申請，亦延誤了九星期。

46 HUMAN RESOURCES • January/February 2019

Greater China Appraisal Ltd 訴 Tsang & Ors 香港原訟法庭 [2018] HKCFI 2781

高等法院：Sherrington DJHC 判決日期：2018 年 11月 29 日

原告公司尋求保障三大類機密資料，即有 關某特定客戶項目的機密資料、客戶賬單 紀錄，以及公司的專業服務手冊。

第六被告的前客戶，似乎都是主動接觸第 六被告。因此，給予「跳板緩助」的理據 並不充足。

當中一名前僱員似乎曾在離職通知期內， 把賬單紀錄傳送至個人電郵地址，而他聲 稱這是為了方便計算自己應得的花紅／佣 金。另一名前僱員似乎曾把公司手冊傳送 至個人電郵信箱，供個人日後參考之用。 至於有關某客戶項目的機密資料方面，則 並無明確證據；該名客戶似乎並非由該等 前僱員在通知期內招攬所得，而是其後自 行接觸第六被告（新公司）。

法院留意到本案提出申請禁制令的日期延 誤了九星期，但影響不大。這方面沒有絕 對的守則，但延誤數月應不會對審訊前禁 制令的申請有不利影響。

除了尋求法院頒令保障其機密資料外，原 告公司似乎亦尋求阻止新公司偷步，透過 前僱員在通知期內的行為，迅速開展新業 務；這就是所謂「跳板緩助」的例子。 經法院指示，原告有關非正審命令的申請 提交法院審理。

裁決 法院檢視有關保障僱主機密資料及「商業 秘密」的法律原則後，頒發經修改的禁制 令，保障原告公司的機密資料，但沒有給 予「跳板緩助」。 法院認為，根據個案的證據，特別是明確 的保密協議，原告公司有權得到禁制緩 助，保障其機密資料。簡言之，法院認為 該三名前僱員應清楚知道所指的資料為 何，並知道該等資料屬於機密資料。明確 的保密協議似乎是這項裁決的重要依據。 然而，法院並無按原告公司的申請，頒發 禁制令阻止第六被告競爭，或中止其業 務。這項裁決的關鍵，在於法院認為雖然 最少有兩名前僱員取得機密資料，但資料 只是被取用，沒有證據顯示資料遭任何人 （包括第六被告）濫用。此外，根據法院 所掌握的案情，法院認為不可聲稱任何被 告曾招攬原告公司的客戶；事實上，光顧

人力資源專才注意事項 機密資料有不同種類，機密資料的性質視 乎行業而定。商業秘密應獲得最大保障。 因此，僱員應尊重受僱期間取得的機密資 料。然而，在僱傭關係結束後，前僱員有權 在日後經營業務時運用其技巧與知識，因 此為僱主機密資料保密的責任，未必一定 須延續至僱傭關係結束之後。但商業秘密 在僱傭關係結束後續受保障，則屬合理。 除了在僱傭合約中包含慣用的條文，註明 為僱主業務保密的責任外，可考慮另訂明 確的保密協議或補充協議，以淺白語言具 體說明僱員在受僱期間及離職後對界定的 機密資料應負的責任。對較高層的僱員而 言，這做法尤其值得考慮，他們一般比基 層僱員肩負更重要的職責，通常適用限制 性較大的條款。草擬僱傭合約中的限制性 條款及保密條款時，應避免範圍太廣；適 用範圍狹窄但可執行的條文，比涵蓋面廣 但不可執行的條文為佳。為求更加清晰， 宜把僱主的合約保障具體化，配合僱員的 情況。預防勝於治療，僱主應訂立穩妥的 風險管理政策，設立完備的資訊科技系 統，保障機密資料，限制僱員接觸該等資 料，特別是商業秘密。如有僱員濫用僱主 的機密資料，應立即採取行動；這一點十 分重要。 註：本文所載資料僅供一般參考之用，並不構成任何法律意 見。對於本文所載述的任何意見，本刊、其出版商及香港人 力資源管理學會一概不承擔任何法律責任。該等意見並不構 成法律意見，亦不應被視作或理解為法律意見。對於本文所 提及的法律事宜及問題，讀者如有需要，應自行尋求專業法 律意見。此乃中文譯本，一切內容以英文版本為準。

Reading Corner

Dare to Lead Author: Brené Brown Publisher: Random House

T

his is a book for everyone who is ready to choose courage over comfort, to make a difference and lead. Based on new research conducted with business leaders, change makers and culture shifters, Brené Brown shows us how to step up and be a true leader.

Five insights:

Brown challenges readers to see the power of leadership from a new perspective – instead of seeing it as finite and trying to hoard it, if it is shared, and team members are empowered and made accountable, it can become an infinite resource. For this to happen, a leader needs to look beyond a simple relationship of authority over team members, and dare to work with others on a human, personal level – building trust and acceptance rather than ruling through fear and uncertainty. This takes courage.

• When we dare to lead, we don’t pretend to have the right answers; we stay curious and ask the right questions.

But how can managers have the courage to be more daring in the leadership?

Brown aims to answer this question, with actionable strategies and real examples from her new research-based, couragebuilding programme.

• Leadership is not about titles, status, and wielding power.

• A leader is anyone who takes responsibility for recognising the potential in people and ideas, and has the courage to develop that potential.

The author writes, ‘One of the most important findings of my career is that courage can be taught, developed and measured. Courage is a collection of four skill sets supported by twentyeight behaviours. All it requires is a commitment to doing bold work, having tough conversations and showing up with our whole hearts. Easy? No. Choosing courage over comfort is not easy. Worth it? Always. We want to be brave with our lives and work. It’s why we’re here.’

• Daring leadership in a culture defined by scarcity, fear and uncertainty requires skillbuilding around traits that are deeply and uniquely human.

• In the coming age of AI, what can a human workforce offer?

Empathy, connection and courage.

HIGHLY RECOMMENDED:

Rising Strong

Daring Greatly

Author: Brené Brown

Author: Brené Brown

Publisher: Vermilion

Publisher: Penguin Life

Braving the Wilderness Author: Brené Brown Publisher: Vermilion

Book review and recommendations are provided by Kelly and Walsh.

Address: Shop 204, Pacific Place, Admiralty Shop B59-50, Landmark, Central Tel: 2366 8001 Email: enquiry@kellyandwalsh.com

HUMAN RESOURCES • January/February 2019

47

HKIHRM News

HKIHRM Legal Seminar Receives Overwhelming Response

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Over 400 participants attend the seminar on employment-related legal issues.

n 12 January, the Institute organised a fourth seminar to share with HR practitioners preferred approaches to handle and resolve extremely difficult and challenging employment-related issues from the legal perspective. Speaker Raymond Fung shared with employers and HR managers relevant court cases

and recommended law compliant measures and solutions to tackle issues such as preventing sick leave abuse by employees in the workplace. With positive feedback from the participants, a more in-depth seminar of 1.5 days on the same topic (處理「非常辣手」人力資源問題法例實務講座 ) will be held on 19 and 25 February.

2019 HR Service Providers Directory

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he annual HR Service Providers Directory (HRSP) is a comprehensive guide for HR practitioners, business executives, management consultants, trainers and other professionals. Around 6,000 copies will be disseminated through different channels. A comprehensive company listing of advertisers and service providers supplemented with insightful articles on the latest HR trends and legal issues from the Directory will also be published on HKIHRM website. The 2019 Directory will contain a wide range of useful HR information: • A summary of the latest HR survey findings • Articles on current HR-related issues • Listing of HR service providers Companies simply can’t afford to miss out on this excellent opportunity to be included in this Directory for marketing plans.

Scan the QR code to know more!

Welcome New Corporate Members (July-December 2018) ATAL Engineering Limited

Legislative Council Secretariat

Cree Hong Kong Limited

MGF Sourcing Far East, Limited

Crystal Jade Culinary Concepts Holding (Great China) Limited

Ocean Park Corporation

GSL Technology International Limited

On Ying Group Limited

Hayco (Hong Kong) Limited

Professional School of Enneagram Limited

Hogan Lovells

Serco Group (HK) Limited * List in alphabetical order

48 HUMAN RESOURCES • January/February 2019

MARK MARK YOUR YOURCALENDAR CALENDAR March 2019

rs & Semina ops h s Work

6

11

12

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2018年內地勞動爭議案件 解讀及展望

How to Present Effective Job Descriptions?

《僱傭條例》— 前線管理 層須知

評估中心實驗坊

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28

WED

WED

Mastering MultiGenerational Communication in the Workplace – Coaching 360

Global itation Accred mmes Progra

MON

TUE

THU

THU

聘請兼職和定期合約 僱員：僱主需注意的地方

26

TUE

GRP – GR1: Total Rewards Management

ate Certificmmes Progra

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For more programme details and latest update, please visit https://goo.gl/QpZz8g

5

6

Executive Certificate in Performance Management

「僱傭條例及人力資源常 Foundation Skills in HRM – The Employment 遇法律爭議處理」行政人 員證書課程 Ordinance

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18

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Foundation Skills in HRM – Employment Ordinances and HR Related Ordinances

Foundation Skills in HRM – Employee Development

Foundation Skills in HRM – Training & Development

Foundation Skills in HRM – Business Knowledge for HR

MON

Foundation Skills in HRM – Benefit Management & Performance Management

MON

TUE

WED

WED

MON

9

SAT

WED

HUMAN RESOURCES • January/February 2019

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