HR Journal_March 2017

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“We are humbled and grateful to wrap up 2016 feeling vastly reassured. The trust our clients have placed upon us with their recruitment needs and the opportunities those relationships created have led Kelly to rise to our challenge, resulting in us being recognized with these two important industry recognitions. We thank all who worked with us in the past year, and we are adamant to put forward even greater efforts in the years to come.”

Alan Wong, Managing Director, Kelly Services Hong Kong

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President’s Message

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HUMAN RESOURCES • March 2017

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What’s Hot

Developing the Female Talent Pipeline through Mentoring

By Jo Hayes, Director of Pipeline Initiatives, The Women’s Foundation Hong Kong

• Building a mentoring programme for women that includes leadership-development workshops, one-toone mentoring and peer support can have a positive impact on a company’s financial success.

• Through tailored mentoring and effective sponsorship, aspiring women leaders will be better equipped to put their hand up and lean into their career.

R

esearch consistently shows the significant economic and performance benefits that derive from having a diverse workforce throughout an organisation, from entry level to C-suite. Businesses also perform better when they have more women in senior management positions and on their boards. According to Credit Suisse’s 2016 report entitled The CS Gender 3000: The Reward for Change, which analysed over 3,000 large companies worldwide, between

2013 and 2016 the outperformance of companies with 25% of management roles filled by women was a compound annual growth rate of 2.8%; this rose to 4.8% for companies with 33% women managers and 10.3% for those with more than 50% women managers.

The report also found that companies with a female CEO enjoyed a return on equity that was 19% higher on average and delivered a 9% higher dividend payout.

Despite organisations in Hong Kong

moving towards a more diverse workforce, women continue to face barriers that prevent them from being promoted to senior management positions. Women have less access to global mobility and stretch assignments, enjoy less face time with male senior leaders, earn less pay and receive less critical feedback from their managers. Women continue to disproportionately shoulder childcare and elderly care responsibilities at home, and at work they are more likely than their male

HUMAN RESOURCES • March 2017

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What’s Hot

peers to be given administrative tasks, menial jobs and undervalued assignments. Successful mentoring programmes that support professional growth, provide coaching in areas such as conflict management, and include direct participation from senior management are a first step towards empowering women, enabling them to find their voice, build resilience and navigate their way through the pipeline.

Mentoring in Hong Kong By running mentoring programmes for aspiring women leaders, Hong Kong HR, talent management and business strategy teams are giving their organisations a greater chance to benefit from the increased performance that comes from a more gender-diverse talent pipeline.

Through mentoring women and supporting their professional growth, Hong Kong companies should see an increase in the retention of their female talent pipeline. As a result of retaining women and incentivising them to stay

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or return to work after an extended period of leave, Hong Kong companies will also see an increase in the number of female senior leaders. As seen from the research cited above, having more a gender-diverse leadership makes business sense.

also been identified. Several successful initiatives in Hong Kong are now giving women an equal opportunity to connect with senior male leaders, even where these occasions are more informal, such as morning walks or open-floor Q&A sessions.

In Hong Kong, there is a wide range of starting points when it comes to pipeline initiatives. Many multinational companies’ HR departments have diversity and inclusion programmes, but there is still a breadth of development when it comes to women’s mentoring programmes.

However, there has been a recent increase in Hong Kong companies starting their own internal mentoring programmes in collaboration with groups such as The Women’s Foundation (TWF), Women in Law Hong Kong (WILHK) and 100 Women in Finance to nurture aspiring women leaders.

Overcoming obstacles There are a few core issues and barriers that both mentoring and sponsorship can help women to navigate. Workshops on topics such as executive presence and conflict management are particularly effective in enabling female protégés to become powerful and authentic leaders.

Equally, understanding that being resilient is not just about gritting your teeth and pushing through, but more about having a purposeful direction and having the courage to say no, enables both protégés and mentors to become more influential and effective leaders.

The need for high-level sponsorship in developing the female pipeline has

In Hong Kong, however, HR leaders should be mindful that there is no one-

size-fits-all solution to empowering women and tackling gender bias.

Whilst it can be useful to look at best practice from global organisations, Hong Kong HR departments need to be creative when proposing their own initiatives. Experience shows that success in attracting, retaining and developing the female talent pipeline depends on adopting a holistic approach and requires embedding gender-diversity into the company culture.

5. Include peer-to-peer learning as a core component of the programme, in addition to the one-to-one mentoring relationship.

6. Build in mentor support and regular check-ins to enhance listening, coaching and problem-solving skills.

7. Develop a communications strategy and clear time horizons around the programme to encourage support from key stakeholders and manage

expectations whilst encouraging participants to stay connected after the programme.

Through the implementation of a tailored, effective female mentoring programme that focuses on progressing more women into positions of senior leadership, businesses in Hong Kong can hope to see some of the financial benefits that come from having a more diverse decision-making team at the top.

Best mentoring practice Mentoring programmes for women are most successful when supported and championed from the top and integrated into the core business strategy of developing the talent pipeline. Having buy-in and meaningful participation from senior management is important to limit pushback from both men and women. When the CEO and senior management team commit to a mentoring programme for women, it will gain faster acceptance and have more effective outcomes for the organisation as a whole.

HR leaders should also consider the following success markers for developing their mentoring programmes for women: 1. Develop clear objectives for both the programme and participants and articulate how mentoring will help drive targets for increased gender equity and better business performance.

3. Canvass participants to ensure the programme content is relevant and continuously evaluated, built on and improved.

4. Allocate sufficient resources to the running of the programme.

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2. Understand the potential complexity of successful matching of mentors with protĂŠgĂŠs and choose the most effective method for the context and desired objectives.

HUMAN RESOURCES • March 2017

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Photo: Thinkstock

Cover Story

Creating Impact through Mobile HR Apps

By Dr Jaclyn Lee, PhD, Senior HR Director at the Singapore University of Technology and Design

• HR leaders must become more comfortable with digital tools and the principles of design thinking to create mobile applications that will have high adoption rates and increased productivity. This will enable them to justify such investments with sceptical management.

• To gain management support for mobile HR applications, HR departments should focus on lowhanging fruits such as pulse surveys, health applications, and simple L&D apps that can facilitate employee orientation and career development.

D

espite being discussed in various conference presentations, industry articles and internal discussions, the adoption of mobile platforms for HR processes remains low as many Hong Kong and Asian companies lack the practical knowledge on how to begin, despite clear benefits for those who have adopted this approach.

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Looking at most organisations, with the exception of large technology firms with existing mobile expertise, there is generally a low adoption rate amongst existing HR departments in the use of mobile technology for HR applications.

are unwilling to invest. This situation means that CHROs may not be able to convince their CEOs that such investments will result in an increase in employee productivity, performance, and ultimately, business results.

When senior HR managers lack specific knowledge of how mobile technology can help them, their boards

Comfort with data and technology Most Hong Kong HR professionals recognise that mobile platforms offer

The importance for HR to innovate in the area of technology will continue to rise as companies continue to drive productivity and use analytics to improve employee performance.

HR leaders need to lead technology

discussions rather than depend on their IT departments. CHRO’s must be able to describe the organisation’s talent strategy and how technology can support the strategic implementation of key HR initiatives, programmes and employee analytics. Such requirements may necessitate that HR departments themselves conduct product research to understand how each of the systems contribute to strategic HR projects, specialist functions and business intelligence. Once the HR department is clear on what is needed, the role of the IT department is to help with the technical aspects of implementation, security issues and integration.

Incorporating ‘design thinking’ While HR services can be offered on desktop computers, mobile

applications offer staff, particularly the growing millennial population, the ability to transact HR functions “on the go”. This can result in higher adoption rates amongst staff. Today, most intranet and other HR systems are still on the desktop, while learning, health and benefit applications are frequently delivered via a mobile platform.

At the Singapore University of Technology and Design (SUTD), the HR team has begun to move quite a few HR transactions to the mobile device. Some examples include medical claims, leave applications, e-performance, learning on the go, employee interest groups, as well as health and fitness apps. These changes have resulted in easier access to services, higher adoption rates, and

Photo: Thinkstock

a means to collect greater data on employees as well as improve their delivery of traditional HR services.

However, too many HR professionals are not technologically savvy, as they are typically trained in business management, humanities, arts and social sciences. This means that while many realise that the HR profession now requires data analytics and statistical analysis to understand people trends and how they relate to the business, they have not received such training to do so.

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Cover Story

increased participation by staff and faculty employee activities.

The design thinking process

In developing applications, it is important to use “design thinking” to develop and test the app, thus ensuring the correct look and feel, as well as user acceptance of the app. Design thinking, which borrows from concepts employed within the professional design industry, refers to a more creative approach to strategic thinking that, when boiled down, embodies two core principles:

Step 1:

Identifying an organisational problem

Step 2:

Designing possible solutions

1. A focus on creating more humancentred products and services through a sequence of steps that comprise inspiration, ideation and implementation; and

Step 3:

2. A design process that regularly loops back to earlier stages to refine ideas and direction, such as after iterative prototyping and testing – a departure from linear, milestonebased processes that are often used by organisations.

As an approach, design thinking can be used to consider issues and resolve problems more broadly than within the professional design practice and has been applied in business and to social issues. For HR departments, design thinking can help develop innovations such as mobile apps to help their organisations in the face of increasing businesses competition.

HR needs to learn tools in design thinking to look at ways to improve the HR staff service processes, such as training and development, and to introduce these tools to the workforce so that innovation, creativity and collaboration can occur in the workplace.

In action, the design-thinking process always starts with identifying an organisational problem, before moving on to designing possible solutions, testing it with user groups, and re-designing it to finally gain user acceptance and adoption. For HR, this solution can be computer

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Testing in small bite-sized user groups through the use of iterative prototyping

Step 4:

Redesigning after testing to gain user acceptance and adoption

Source: Singapore University of Technology and Design

software, a new process flow or a new service that it wants to offer to staff. This HR solution is tested in small bite-sized user groups and through the use of iterative prototyping, continuously refined.

The process should be repeated in short cycles, steadily improving the product until the user is delighted with it. When HR finally launches the product, it is almost guaranteed to be a success. As HR leaders learn to develop and incorporate such tools in their workplace, they will enable their organisations to have a greater competitive advantage.

Low-hanging fruit In order to score an initial success,

it is important to go for low hanging fruits that can be easily adopted and implemented.

1. Learning apps At SUTD, for example, the HR team uses an application for orientation that employs the use of a Virtual Map to guide and navigate new employees throughout the entire campus.

The map brings them to different facilities, buildings and spaces so as to familiarise them with their new surroundings. There are also fun and interactive games within the app to help the new employee learn more about the university. It is quite easy to develop such an app and relatively inexpensive.

As the mobile phone becomes a ubiquitous device, learning on-the-go will be a key tool to equip the workforce with the skills for coping in challenging times. HR departments can use mobile applications and different learning platforms to engage with learners and help equip them with essential skills.

For more complex processes, such as leadership development or technical skills, mobile platforms may have limitations. In these instances, blended learning through online videos, accompanied by quizzes and games, should be complemented with face-to-face interactions.

Photo: Thinkstock

2. Pulse surveys Another area where HR departments can reap early rewards for mobile investment is in the area of employee surveys. Most HR departments run annual employee surveys that are very comprehensive and in-depth. While these projects accomplish essential organisational diagnostics, monthly

pulse surveys on a specific topic can help to complement the follow-up to the annual surveys.

The pulse surveys could be on specific topics that are of concern to employees that were brought up in the annual survey. A monthly topic can be set up so as not to overwhelm employees. When developing such pulse surveys, the idea is to make it interactive and short so that it does not become a burden to do it.

Everything should eventually align with the culture, mission and vision of the organisation and what it is trying to achieve.

3. Health apps Most Hong Kong HR departments have a standing goal to reduce the amount of insurance claims per employee.

Mobile health applications can play a big role in helping to support the reduction of healthcare costs. This can be done through a strategic approach, integrating the activities of the health app with the corresponding health status of employees.

In a typical organisation, employees will go through an annual health screening exercise each year. The data from such health screening can be used as a baseline to understand their health status through analytics.

Benefit analytics enable the HR manager to look at demographics of employees who are at risk of certain illnesses and begin planning healthy activities to reduce such risk. One good example would be BMI levels, blood pressure readings and sugar in the blood. A health app that can encourage a healthy lifestyle through tracking of steps, counting of calories consumed as well as encouraging healthy competition amongst staff to “clock more steps� can work to vastly improve the health status of employees, resulting in lowering medical claims. In addition, the app can also incorporate healthy recipes and tips for healthy living. These health apps are very inexpensive and have proven results to reduce benefit cost. They also provide a tangible way to show management the value the HR department can bring to the firm.

It can be overwhelming to look at everything in the digital space, but companies can start with small simple steps as shared here. The key is to go for projects that are easy to implement and that can show immediate results. HR managers do not need to have extensive IT training or be statistical experts. Even if the company does not have a big budget, technology has become so advanced that simple apps can be developed with a very low cost. The idea is to work with developers or technology companies that have an existing app that can be adapted to the company, thus reducing development costs. In addition, HR managers must build a business case for the CEO that such an investment can lead to intangible returns through the use of ROI and productivity tools.

In small simple steps, one project at a time, this will lead to eventual success.

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圖片來源: iStock/SCMP

封面專題

人力資源應用程式有助提升公司效益 新加坡科技與設計大學高級人力資源總監 Jaclyn Lee博士

•• 人力資源主管應善用數碼工具﹐並按照設計思維的原則﹐開發使用率高及有助提高生產力的流動應用程式﹐方可 說服管理層進行相關投資。 •• 為爭取管理層支持發展人力資源流動應用程式﹐人力資源部門應由淺入深﹐先專注意向調查和員工健康等﹐以及 推出有助員工入職及發展事業的簡易應用程式。

人

力資源的流動平台現已成為 會議演講、業界文章及企業 內部討論的熱門話題，這類 平台優點多，但香港及亞洲

不少公司不熟識實際運作，不知從何著手， 因此這類平台的使用率依然偏低。 除了掌握流動專業技術的大型科技公司外， 普遍機構的人力資源部門使用流動技術的比 例也偏低。 資深人力資源經理若不了解流動技術的優 點，難免會令董事會失去投資發展這項技術 的意願。影響所及，人力資源總監可能無法 說服行政總裁，使對方相信此類投資不僅可 提高員工生產力及表現，更可提升公司業 績。

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HUMAN RESOURCES • March 2017

善用數據及技術 香港的人力資源專才普遍同意流動平台有助 收集各類員工數據，同時提升傳統人力資源 服務。然而，並非所有人力資源專才也精通 科技，他們的培訓通常只著重商業管理、人 文、藝術及社會科學。換言之，即使人力資 源專才意識到行業需要借助數據和統計去分 析人才趨勢及相關業務發展，卻由於缺乏培

力資源部門可能需要進行產品研究，了解每 套系統如何協助推廣策略性人力資源項目、 執行專業職能及提供商業智能。當人力資源 部門了解所需技術後，資訊科技部門即可發 揮其所長，在實施方案、保安及系統整合方 面等技術層面提供支援。

結合「設計思維」

訓而無法付諸行動。

提供人力資源服務時固然可透過桌上電腦進

當公司致力提高生產力並運用分析法改善員

世代）隨時隨地處理人力資源相關事務，大

工表現時，這亦反映人力資源部有必要發展 創新科技。人力資源主管應牽頭推動有關討 論，而非依賴資訊科技部門。人力資源總監 需清晰地描述機構的人才策略，以及相關技 術如何支援推展人力資源的重點項目、計劃 及分析各類員工數據。為符合這些要求，人

行，但流動應用程式有助員工（特別是千禧 大提高員工的使用率。現時大多數內聯網及 其他人力資源系統仍依賴桌上電腦去執行， 而有關學習、健康及福利的應用程式則通常 透過流動平台提供。 新加坡科技與設計大學的人力資源團隊已逐

如何結合「設計思維」

第一步 識別內部問題

第二步 設計可行方案

第三步

利用迭代原型設計﹐在小型用 戶群組中進行測試

第四步

重新設計﹐逐步改善產品﹐ 直至用戶滿意 資料來源：新加坡科技與設計大學

步將部分人力資源程序轉移至流動裝置，當

用於解決商業及社會問題。對人力資源部門

職場上運用這些工具，則有助增強機構的競

中包括醫療索償、休假申請、電子化績效評

而言，設計思維有助激發創新意念，例如透

爭力。

估、隨身學習、員工興趣小組，以及健康與

過流動應用程式，協助機構應對日益激烈的

保健應用程式。這類做法不但能為員工提供

業務競爭。人力資源專才需要學習使用有關

目標在望

更便捷的服務，亦有助提高員工使用率和活

設計思維的工具，設法改進人事部的工作流

為了盡快取得成功，應由淺入深，先從較容

動參與度。

程，包括進行內部培訓，並向其他員工推廣

易實現和執行的目標入手。

這些工具，啟發職場創新、創意及促進團隊 開發應用程式的關鍵在於結合「設計思維」

合作。

，以確保程式的外觀和界面切合用家使用需

1. 學習應用程式 舉例而言，新加坡科技與設計大學的人力資 源團隊使用應用程式進行員工入職培訓，利 用虛擬地圖指導新員工認識整個校園。員工 可透過虛擬地圖參觀不同的設施、樓宇及地 方，逐漸熟悉新環境。應用程式亦附設有 趣的互動遊戲，旨在加深新員工對大學的了 解。此類應用程式不僅易於開發，而且成本 也相對較低。

要。設計思維這種概念源自專業設計行業，

實踐設計思維的首要條件是識別機構內部的

是指一種更具創造性的戰略思維方式，當中

個別問題，然後開始設計可行的解決方案，

包含兩個核心原則：第一，透過靈感、構想

緊接便是在用戶群組中進行測試，再重新設

及實施這一系列程序，創造出更以人為本的

計，直至該解決方案最終獲用戶接納及採

產品及服務；第二，重覆設計流程，甚至返

用。關於人力資源的解決方案可能是向員工

回上一個設計階段，以求不斷改進產品概念

提供電腦軟件、一個新工作流程，亦有可能

及方向，例如重覆迭代原型設計及測試的後

是一項新服務。這種人力資源解決方案先在

續流程。這做法明顯有別於許多機構慣常使

小型用戶群組中進行測試，再透過迭代原型

用的直線設計流程。

設計，不斷加以完善，並在短時間內重覆過

隨著手機普及化，員工可隨時隨地學習，以

程，逐步改善產品，直至用戶滿意為止。當

應對這個充滿挑戰的時代。人力資源部門可

設計思維有助思考並解決問題，其應用範

人力資源部門決定推出產品時，應當更有把

借助流動應用及各類學習平台，與員工進行

圍廣泛，不限於專業設計的層面，更被應

握取得成功。若人力資源主管學習開發並在

互動，並幫助他們掌握必要的技能。

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封面專題

至於較為複雜的學習流程，例如領導能力或 專業技能的培訓，流動平台的作用可能有 限。面對這類情況，人力資源部門可結合網 上短片、測試及遊戲的學習方法，填補面對 面互動學習方式的不足。

2. 意向調查 員工調查是另一個人力資源部門可投資開 發且能迅速見效的流動應用項目。人力資 源部門每年都會進行全面而深入的員工意見 調查。即使這些調查可為機構提供重要的資 料，但每月針對特定主題進行意向調查，有 助補足進年度調查的結果。

機構的文化、宗指、願景及目標。

3. 有關健康的應用程式 人力資源部門普遍希望減低每名員工的保險 索償金額。流動健康應用程式可發揮關鍵作 用，協助減低醫療成本。要實現這項目標， 必須策略性地結合健康應用程式的活動與員 工的健康狀況。

行，這些措施可改善員工的健康狀況，從而 減低醫療索償的情況。此外，亦可在應用程 式當中加入健康食譜及健康生活貼士。這些 健康應用程式成本低廉，但足以降低僱員的 福利成本。換言之，此類應用程式亦實質地 展示出人力資源部門對公司所創造的價值。 數碼世界看似複雜，但公司可從幾個簡單步 驟著手。首先是專注目標容易達成且收效快 速的項目。人力資源經理毋須接受太多資訊

檢查，所獲取的數據可作為健康指標，加以

科技培訓，更不必成為統計學專家。現今科

分析後，以了解員工的健康狀況。人力資源

技發達，即使公司預算有限，仍可利用極低

經理透過分析相關福利的數據，可查看統

成本，開發簡單的應用程式。方法是與開發

計資料，得知有可能患病的員工，並著手為

商或科技公司合作，改良現有的應用程式，

員工在年度調查中表示關注的事項，可成為

他們規劃健康活動，以降低相關風險。有關

以配合公司的需要，從而降低開發成本。此

每月意向調查的特定主題。每月可設置不同

數據包括身體質量指數水平、血壓及血糖指

外，人力資源經理應向行政總裁說明所提及

主題，以免對員工造成壓力。進行此類意向

數。為員工提供健康應用程式，有助推動健

的資源為公司所帶來可衡量的回報率及生產

調查時，應著重問題的互動性並盡量精簡文

康的生活模式，包括追蹤員工行走的步數、

工具。總括而言，循序漸進，完成每一個項

字，避免對員工構成負擔。所有調查應符合

計算消耗的卡路里，以及鼓勵僱員間多步

目，向成功邁進。

圖片來源: iStock

很多機構的員工通常每年都會進行一次健康

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HUMAN RESOURCES • March 2017

Photo: Thinkstock

HR Horizon

Creating a Wider ‘Employee Experience’: New Dawn or Mirage?

By Dr Felix WK Yip, Senior Lecturer, Department of Management; Programme Director, BCom (Hons) in Human Resources Management; and Associate Director, CHRSD, Hong Kong Baptist University

• Rebuilding the HR department around a unified employee experience can yield benefits for Hong Kong companies in a time of transition within the territory.

• Before considering changing department names, Hong Kong CHROs should look to improve their level of employee engagement by offering staff more and varied opportunities to improve themselves and contribute to their communities.

S

ilicon Valley has a reputation for innovation, but does it apply to HR as well? When Airbnb’s CHRO Mark Levy replaced his HR department’s talent, recruitment and ground-control teams with a single “employee-experience function” – which joined the three initial groups and added specialisations in compensation and benefits, learning

and organisational development, facilities, safety and security, and a food programme – he explained the change was part of a mission to “create a world where you can belong anywhere”. To do that, Airbnb had to create a way in which its employees felt like they belonged to the organisation.

However, questions were asked of

whether this would achieve any real difference for employees and for the company. When applied to Hong Kong, further questions arise. Is this sort of innovation something that can help bring Hong Kong’s HR industry forward or is it mere window dressing distracting from core responsibilities?

But as Hong Kong experiences a generational shift in its business

HUMAN RESOURCES • March 2017

15

Photo: Thinkstock

HR Horizon

climate, a renewed focus on employee experience, more than changes to departments or titles, has the chance to improve workers’ competitiveness, efficiency and satisfaction.

Hong Kong in transition Compared with Hong Kong’s boom days in the 1980s when there were many opportunities for workers of all ability levels, Hong Kong is now a more saturated market and GDP growth is decreasing. Hong Kong HR managers must more actively manage their staff so they can contribute in this highly competitive market, even as employee opportunities are reduced.

This is a transition period for local companies, as some of the younger generation start to take over management roles with new concepts and ideas. Hong Kong HR leaders are often managing four generations at once and expectations are quite diverse, which means their policies need to be flexible enough to address the variety of needs while still ensuring productivity.

Many family-run Hong Kong companies need to learn how to release family

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HUMAN RESOURCES • March 2017

power, which means the owner or management teams at these firms need to be decisive to make changes.

This can place HR in a difficult position, as the older generation may fight against the above mentioned shift to an HR department driven by employee experience.

Yet the first job of any company is to survive and the challenge is how to continue developing employees when a company is mature. Investing in an improved employee experience – for example, by offering new challenges to increase the ability of staff – allows them to contribute back to the company. These developed staff can see new opportunities and make positive changes.

By exposing staff to different business challenges, their competences broaden and they gain a kind of recognition and motivation that cannot be removed. This unconscious competence makes the employee more valuable in a highly competitive market and gives them more of a story to tell to friends, all while fostering a feel-good factor around the company.

It takes judgement for HR leaders to

decide whether the shift to employee experience is an applicable solution.

Department titles vs mindset The key to improving employee experience and helping Hong Kong firms through this transition period is not new department titles, but a new mindset. Merely changing the title, but not the way the department functions, will quickly lose employee’s confidence. Any change in name should be a final step in a progression of changes to the way the HR function operates.

At some local Hong Kong companies, HR departments only handle personnel tasks. No matter what the department is called, employees will look at what is delivered in terms of real benefits to employees, the community and the business. The professional standard of HR must be raised to secure the profession in the top level of management; otherwise, it is difficult for HR to implement any strategy that includes a shift to employee experience as the central function.

This means the approach to employee experience needs to be supported by

senior management, not just the HR leadership. HR leaders need to support the CEO and management team to understand the needs of the company, as senior management have a role in developing people, alongside the HR department.

Making a cultural shift Decisions like these cannot be made without consultation with the wider business, and as the Hong Kong business landscape is changing dramatically, HR needs to have a steady role in the executive committee.

A shift to a focus on employee experience can strengthen this role as employee champion.

There are cultural shifts that Hong Kong CHROs can and should make, regardless of whether they choose to rebrand their department.

1. Employer engagement - HR needs a mechanism for staff to speak up and engage with management. This is especially so in Hong Kong, where many companies do not recognise unions. HR must give workers the freedom to speak within reasonable controls. As labour issues become more political, they risk becoming a social issue, so the HR team must be sensitive in handling labour issues.

When employee conflicts become social issues, it detracts from the employer brand, eroding workplace confidence and potentially, productivity.

employees. HR teams need to be more sophisticated – they need to expand their approach from simply getting staff involved in volunteering activities to enabling them to help NGOs with their business plans and operational effectiveness. This approach helps NGOs serve their constituencies, boosts employer branding and gives employees exposure to situations beyond their normal operations.

4. Performance reviews - HR leaders should seek to align their performance management systems to facilitate employee participation via employee task forces that help the company address business issues.

The performance management system should recognise this type of participation in cross-division experiences that increase the employee’s exposure and awareness of other departments’ difficulties.

Engaging more staff to solve internal problems can help to reduce

internal conflicts and yield increased operational effectiveness.

5. Vendor management - Many Hong Kong companies outsource certain non-core HR functions, but HR leaders need to be decisive about what core functions they retain. To improve their interactions with third-party service providers, HR leaders should aim to certify that third-party vendors understand the company’s culture and not just make decisions based on cost and reducing internal head count. While HR leaders can relieve the operational burdens through technology, they need to clearly define the service improvements staff will enjoy.

Not all Hong Kong firms will follow the path of Airbnb, but there is much that Hong Kong’s HR profession can learn from the Silicon Valley company’s repositioning around a unified employee experience.

3. Community engagement - Most Hong Kong companies’ corporate social responsibility (CSR) work is often superficial and does not fully engage

Photo: Thinkstock

2. Recognising staff value - To engage with younger employees, HR departments must treasure their varied expertise and intelligence.

Younger Hong Kong workers are not as aggressive as prior generations because they fear they may not have as many opportunities. HR leaders must explore ways to continue giving them hope of a career with the company.

HUMAN RESOURCES • March 2017

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Photo: HKIHRM

HR Feature

The Cross-Industry Training Advisory Committee for HRM Sector was established in 2014 and the first meeting was held in July the same year. Representatives from HKIHRM take active roles in its sub-committees.

Gearing up for the Future of Hong Kong’s HRM Profession

By Chris Davis

Following extensive cross-industry consultations with various stakeholders, the Hong Kong Institute of Human Resource Management (HKIHRM) has developed the Specification of Competency Standards for the Human Resource Management Sector (HRM SCS) which represents a compilation of the major competency requirements and performance outcome standards on seven specific HRM functional areas.

T

he role of human resource management (HRM) as a strategic partner to business is widely recognised in the HRM profession as Hong Kong becomes an increasingly knowledge-based economy. To ensure HR practitioners continue to build the knowledge and capabilities to support the long-term sustainable growth of individual enterprises and the economy at large, HKIHRM has completed the key stages of writing the Specification of Competency Standards for the HRM sector (HRM SCS). As the largest professional body representing the HRM profession in Hong Kong, HKIHRM has over the years developed a comprehensive pool of cross-sector HRM knowledge and competency requirements, putting the Institute in the ideal position to play a key role as the interface between

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HUMAN RESOURCES • March 2017

stakeholders to identify and compile the HRM SCS.

academic, vocational and continuingeducation arenas.

The HRM SCS have been constructed in line with the Government of the HKSAR’s overarching Qualifications Framework (QF). The QF, a sevenlevel hierarchy of qualifications designed to be applicable to individual industry sectors, was established by the Education Bureau in 2008. Since then, it has been implemented across

Patrick Pang, general manager of the Qualifications Framework Secretariat – which has collaborated with HKIHRM in the process of writing the HRM SCS – says the QF provides HR practitioners at any stage of their career with the opportunity to move from one qualification level to another via accessible articulation

The QF provides HR practitioners at any stage of their career with the opportunity to move from one qualification level to another via accessible articulation pathways. It is underpinned by a robust quality-assurance mechanism.

Patrick Pang, general manager of the Qualifications Framework Secretariat

pathways. Importantly, he adds, the QF is underpinned by a robust quality-assurance mechanism. “All qualifications recognised under the QF are locally accredited and quality-assured, so participants can be confident that their qualifications, industry experiences and achievements will be recognised by the Government and individual business or professional sectors.”

Pang explains that, in the context of the HRM profession, the QF provides a wide range of benefits for employers and employees. For employers, it will allow them to better identify employees’ skills gaps and training needs, and more effectively design HR training programmes and courses to ensure assessable outcomes. Meanwhile, employees are motivated to pursue life-long learning through a wider choice of suitable programmes to meet their career and professional aspirations, while having their prior experience and competencies officially recognised. The HRM SCS also allows training providers to design programmes and courses to meet specific industry needs and standards with quality-assured courses based on the knowledge, skill requirements and performance outcomes of each unit of competency specified in the HRM SCS.

In implementing the Qualifications Framework for Hong Kong’s HRM profession, the committee has committed to providing a platform to promote and drive life-long learning, while enhancing the overall capabilities of HR practitioners to become a strategic partner to organisations of all sizes and business natures.

Wilfred Wong, JP, chairperson of the CITAC for the HRM Sector

The QF’s provision of flexible, quality learning pathways is designed to replace a proliferation of qualifications that offered few common quality benchmarks, Pang says. A QF credit system measures the volume of learning of a qualification. For example, an average of ten notional learning hours is equivalent to one QF credit.

Learning hours can include attendance in class, online learning, examination, assessment and self-study.

Pang highlights that while the QF is designed to improve the overall education and training environment for practitioners in their own industry or business sector, the framework shares similarities with QF systems implemented in Europe, Australia, New Zealand and South Africa. To ensure the recognition and accreditation of qualifications and hierarchical learning

outcomes, a series of international level-to-level comparability studies were conducted with countries where QF systems have already been established. “Benchmarking ensures international recognition for Hong Kong’s QF and aligns QF growth and development with other economies,” he explains.

Leading this cross-discipline and cross-industry HRM initiative is Wilfred Wong, JP, chairperson of the Cross-Industry Training Advisory Committee (CITAC) for the HRM Sector. “I’m honoured to be appointed as chairperson of the Cross-Industry Training Advisory Committee for the Human Resource Management Sector to work with committee members and stakeholders across various industries and business sectors in Hong Kong,” Wong says. “In implementing the

The HRM SCS are divided into seven functional areas: 1

Organisation Development and HR Strategy

2

Workforce Planning and Resourcing

3

Reward Management

4

Talent Management

5

HR Policies and Processes

6

Compliance and Risk Management

7

Employee Engagement

HUMAN RESOURCES • March 2017

19

Photo: HKIHRM

HR Feature

The fifth meeting of CITAC for the HRM Sector was held in February 2017.

Qualifications Framework for Hong Kong’s HRM profession, the committee has committed to providing a platform to promote and drive life-long learning, while enhancing the overall capabilities of HR practitioners to become a strategic partner to organisations of all sizes and business natures.”

Gathering cross-industry feedback One of the biggest challenges in drawing up the HRM SCS based on the more general QF is to make them practical for the profession. Margaret Cheng, vice chairperson of the CITAC for the HRM Sector and vice president of HKIHRM, explains that a large number of HR practitioners were engaged to share details of their work in terms of specific tasks and the required knowledge and competencies to perform. “Close to 100 senior and professional HKIHRM members from various industries and professional backgrounds answered our calls to contribute in the drafting process of the HRM SCS,” she says. “The culminated experience and knowledge these members have from handling

and resolving real-life HR issues on a daily basis makes their insights and suggestions very practical and highly representative for the industry.”

An additional challenge, Cheng explains, was to balance the views of a wide range of stakeholders including HR specialists and generalists from multiple HRM functions, as well as stakeholders outside the profession including training providers, academia, and representatives from various disciplines. “In order to reach consensus, quality input from industry stakeholders was taken in the form of multiple rounds of individual interviews, briefing sessions, focus-group consultations, industry-wide workshops and smallgroup consultations with individuals from the profession and academia.

Their insights ensure that the final product of the HRM SCS can fully meet the needs of the industry and will be adopted by the HRM profession across industries and sectors.”

Cheng believes the introduction

With the HRM profession being the first ever cross-industry profession to introduce the QF, the HRM SCS is a serious effort to present the HRM functions in a more transparent framework that addresses qualifications, learning and competency.

Margaret Cheng, vice chairperson of the CITAC for the HRM Sector and vice president of HKIHRM

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HUMAN RESOURCES • March 2017

of the HRM SCS will help promote continuous learning while offering a clearer picture of the contribution HR professionals make in their industries.

It will also encourage HR practitioners to be more active in developing their careers by giving them a clear view of what they need to achieve to move up to higher levels. “With the HRM profession being the first ever crossindustry profession to introduce the QF, the HRM SCS is a serious effort to present the HRM functions in a more transparent framework that addresses qualifications, learning and competency. It will potentially become an excellent guideline for all industries and sectors to develop or enhance their own industry-specific HRM standards.”

Creating a comprehensive list of competencies In its role as the Professional Writer of the HRM SCS, HKIHRM spearheaded the coordination of the cross-industry consultations. David Li, president of HKIHRM and a member of CITAC for the HRM Sector, explains that the views gathered helped to create over 200 units of competency spread across seven HRM functional areas, namely: • Organisation Development and HR Strategy • Workforce Planning and Resourcing • Reward Management • Talent Management • HR Policies and Processes

• Compliance and Risk Management • Employee Engagement “The HRM SCS is not designed for any particular industry, but represents the cross-discipline, cross-industry requirements in any of the specified HRM functions in the HRM SCS that can be applied to all organisations in any business or industry sector, regardless of their company size, scope of business, or business nature,” says Li, adding that the HRM SCS covers all the required competencies needed at different levels of the QF. Li explains that plans are in place to present the HRM SCS for industrywide consultation and feedback during the second quarter of 2017.

“It is important that the HRM SCS is understood and recognised as a comprehensive platform which acts as a yardstick for Hong Kong’s HRM profession,” he says.

David Li, president of HKIHRM and a member of CITAC for the HRM Sector

provide a framework to understand the different skills and competencies required. This will subsequently help HR practitioners plan their career development. “HR practitioners can benchmark their competencies against those stipulated in the Standards at each level to polish their HRM knowledge and skill sets,” she says.

Cheung believes the HRM SCS will assist the development of HR practitioners’ career paths in a systematic way and enhance their professionalism. At the same time, it will provide both junior and experienced HR professionals with a platform to integrate their academic qualifications and work experience in the pursuit of continuing education.

“HR practitioners will be able to map their career and plan their learning path by taking relevant HRM

SCS-based training and learning programmes and having related job exposure,” she says.

In addition, Cheung adds, the well-structured HRM SCS will provide employers with a better understanding of their employees’ competencies across the seven HRM functional areas. “This will help HR departments to better implement manpower planning, recruitment, staff development and promotion.”

Serving companies of all sizes As well as ensuring the HRM SCS serves as an effective cross-industry guideline, it is also important that it meets the needs of organisations large and small. Roughly 320,000 small and medium-sized enterprises (SMEs) are in operation in Hong Kong, providing job opportunities for nearly 1.3 million people, or around

Photo: HKIHRM

Senna Cheung, senior human resources manager at the Hong Kong and China Gas Company Limited (Towngas) and co-chairperson of the HKIHRM Remuneration Committee, says that for those new to the profession, the HRM SCS will

It is important that the HRM SCS is understood and recognised as a comprehensive platform which acts as a yardstick for Hong Kong’s HRM profession.

Around 40 HKIHRM senior members attended a workshop in July 2015 to map out a task matrix of the seven HRM functional areas for the HRM SCS.

HUMAN RESOURCES • March 2017

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HR Feature

While acknowledging that many HR staff tasked with HR responsibilities at SMEs are go-getters who have built up years of experience through their handling of various practical HR and employment issues, Chau notes that not all of them may possess formal HR qualifications. Nevertheless, by using the HRM SCS as a guideline, HR practitioners working for SMEs can match their knowledge, skills and performance outcomes to the requirements and standards of each unit of competency while attaining the right level of HR professional recognition under the QF, Chau says.

He suggests that in a similar way, SME employers can use the HRM SCS to select and identify appropriate training courses to help their staff upskill their HRM knowledge and competencies. Chau recognises that a life-long learning culture embraced by HR practitioners will

HR practitioners will be able to map their career and plan their learning path by taking relevant HRM SCS-based training and learning programmes and having related job exposure.

Senna Cheung, senior human resources manager at the Hong Kong and China Gas Company Limited (Towngas) and co-chairperson of the HKIHRM Remuneration Committee

Examples of qualifications and their corresponding QF levels

QF level

46% of total employment. Joe Chau Kwok-ming, president of The Hong Kong General Chamber of Small and Medium Business, says that the HRM SCS will play an important role for SMEs in recruiting HR staff with the right competencies and experience to match the needs of their businesses.

“Generally speaking, the organisational structure of Hong Kong’s SMEs is simple and employees usually need to take on several roles in their jobs,” Chau says. He adds that compared with large companies, SMEs normally have fewer resources available to invest in staff training and development, so the HRM SCS will be a useful tool to allow SME employers to identify employees that fit their HR roles suitably and perform competently.

7 6 5 4 3 2 1

Doctor Postgraduate Diploma Postgraduate Certificate

Master

Professional Diploma Bachelor

Associate

Diploma

Higher Diploma Higher Certificate

benefit both Hong Kong employees and employers in the long run, resulting in enhanced professional human assets and business competitiveness.

Joe Chau Kwok-ming, president of The Hong Kong General Chamber of Small and Medium Business

HUMAN RESOURCES • March 2017

Professional Advanced Certificate Certificate

Certificate

Foundation Certificate

Source: GovHK

The HRM SCS will be a useful tool to allow SME employers to identify employees that fit their HR roles suitably and perform competently.

22

Advanced Diploma

The increasing strategic importance of the HRM function to business requires a new framework with both the reach to encompass industries across Hong Kong and the vision to ensure the continuing success of HR practitioners for the years to come. In this, the HRM SCS will be aiming to take the HRM profession to new heights while boosting the competencies and the standing of current and future HR practitioners – wherever they work.

Photo: Thinkstock

HR Toolbox

What to Do When Promotions and Pay Rises Don’t Go Hand in Hand

By Adam Johnston, Managing Director, Robert Half Hong Kong

• Promoting staff always demonstrates confidence in their work but a promotion is not always accompanied by a rise in salary, which can help drive valued employees away.

• HR managers may not always have the leeway or budget to offer more pay upon a promotion but they should bear in mind other incentives, such as benefits or commitments to future pay reviews.

B

eing promoted is not necessarily a guarantee that professionals in Hong Kong will receive a bigger pay cheque. In fact, a recent survey of 100 CFOs and finance directors conducted

by Robert Half shows only 1% of Hong Kong companies always provide a pay rise following a promotion.

A promotion is always a clear sign of confidence in an employee, but without a corresponding salary increase it has

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HUMAN RESOURCES • March 2017

the potential to negatively affect an employee’s motivation and ultimately influence their decision to look for another job.

Hong Kong’s tight labour market and low unemployment rate make it essential for companies to reward top performers through careeradvancement opportunities and attractive remuneration packages. A competitive salary package is a very effective retention tool, and many

employees are prepared to work hard if they are confident of being rewarded by a higher salary or bonus. However, it appears that the city’s businesses are not always following this approach.

Why promote without awarding higher pay?

The reasons companies give for not providing a pay rise with a promotion vary. Six in ten finance leaders say the primary reason for giving a promotion without a corresponding

salary increase is because they want to assess an employee’s performance first before remuneration is increased.

This suggests Hong Kong’s CFOs are using promotions as a probation tool, a tool to motivate employees even if additional funds are not immediately available to them.

Meanwhile, over a quarter of respondents to the Robert Half survey (28%) feel their business lacks the financial resources to increase salaries when promoting, followed by 7% who say they followed such a course because they urgently needed to fill the role. Both findings highlight the need for Hong Kong companies to focus on workforce planning to ensure they have the budget and pipeline of talent available to support growth.

HR managers also need to clearly communicate the value to employees of taking on a more senior role, as it can be instrumental to their longterm career advancement and can sometimes compensate for missing out on a pay rise in the short term.

Offering access to training programmes is a strategy that regularly proves to be successful.

It also creates a win-win situation – employees benefit by expanding their skillsets and the company benefits by getting a more skilled, productive and versatile workforce.

Be mindful of disappointment A pay rise can be a highly effective retention tool, especially when employees are asked to take on

additional responsibilities. Therefore, if a company is not able to offer a pay rise along with a promotion, it is important that HR takes the time to explain why. Employers need to offer clear guidelines on when their salary will be reviewed together with firm benchmarks that need to be attained for the employee to enjoy a salary uptick.

Offering employees more responsibilities, as well as the opportunity to learn and develop, can be one way to boost employee retention, loyalty and motivation, even when the funds may not be available for a pay rise. The risk with this approach in the long term is that employees start to feel undervalued, and with the new skills they have developed, will look to greener pastures for competitive remuneration.

If companies do adopt a promotionwithout-pay-rise strategy, scheduling a six-month performance review, where salary and benefits are discussed at the same time as

Photo: Thinkstock

What to offer instead of more pay HR managers who do not have the ability to offer more pay should instead examine the possibility of offering non-financial benefits to their

employees when promoting them.

This could include options such as telecommuting, flexible working hours, training opportunities, a company laptop or mobile phone, or even additional holidays.

HUMAN RESOURCES • March 2017

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Photo: Thinkstock

HR Toolbox

confirming the promotion, can be an effective way to prevent the employee from feeling demotivated and leaving the organisation.

Set the scene for calm negotiations Discussions around wages can prove to be a stressful event for employees.

For HR managers, it’s best to conduct salary negotiations when neither party is emotional. To help remove the emotion, many organisations offer regular performance-monitoring systems, such as annual or six-month performance reviews, where both employers and employees can discuss salaries in relation to work.

When promotions are awarded outside of a salary increase, managers should indicate to employees at that time that this is the case and discuss the next steps to take. In large companies in particular, there are often restrictions during the formal promotion process, meaning any pay rises are handled separately.

Employers should look to schedule these meetings at an appropriate date. Having a regular and transparent process with regards to remuneration will set expectations for both sides and avoid emotions running high.

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HUMAN RESOURCES • March 2017

HR tips for positive outcomes HR managers need to treat discussions around pay and promotions seriously.

It is important to be transparent and balance the needs of the business with those of the employee. By following these tips, HR managers can ensure a positive outcome for both parties: 1. Prepare – HR managers should be ready to clearly explain why the employee has received a promotion, but not a corresponding pay rise.

2. Offer non-financial rewards – If your company cannot offer a pay rise when promoting employees, consider providing other incentives and promoting work-life balance to keep your employees happy and engaged. Some ideas include the following: a. More holiday time – Offering extra days off can make a meaningful difference to employees. b. Telecommuting or flexible schedules – The ability to work from home or commute during off-hours may save your employees’ time and money, while helping them achieve better worklife balance. c. Professional development –

Providing training or continuing education shows you’re committed to their long-term growth with the company. d. Bigger bonuses – Even if your budget doesn’t have the capacity for higher wages, you might have the flexibility to boost employees’ annual bonus percentage or give spot bonuses for standout work.

3. Consider the alternative – Do you know what it costs to replace a worker if he or she walks out the door? Some estimates run as high as 150% of their annual salary, not to mention any additional hidden costs.

In comparison, a reasonable pay increase could cost significantly less.

If an employee is promoted, it’s a clear sign that their company has confidence in them and the work they are doing. However, if they are expected to take on more responsibility and more complex tasks without receiving an increase in salary, it can have a negative impact on their motivation. This in turn could influence an employee’s desire to leave the organisation and thus have an impact on retention strategies for HR professionals in Hong Kong.

Photo: Thinkstock/SCMP

China Focus

Coping with the Challenge of Executive Talent Turnover in China

By James Root, Partner, Hong Kong, Bain & Company Stephen Shih, Partner, Beijing, Bain & Company

• In China a distinct pattern is emerging: executives are migrating from multinational companies (MNCs) to local firms, driven by their own ambitions and the pull of local companies. • While HR leaders at MNCs need to take strategic action, those at local companies should also ensure they have well-designed HR operating models and effective succession and promotion processes.

F

or most of the past two decades the talent challenge in China was finding enough qualified managers and executives to keep up with double-digit growth.

Companies struggled with two issues: first, identifying the most promising talent from among the 7.5 million graduates coming out of Chinese universities every year and second, finding ways to hire and develop

future leaders. Across industries, companies were growing faster than the supply of talent. To snag hard-toget talent, multinational companies (MNCs) emphasised their expertise in developing executives and attracted a generation of business leaders who saw that they could learn more working for a foreign business.

Now, GDP growth has slowed and

the dynamics of the talent war are changing. Today the talent pool is much deeper. Thousands of Chinese nationals have spent years refining their management skills in local companies and MNCs. A younger, more tech-savvy generation has also entered the scene. At the same time, local companies have upped their game in talent development and are perceived to offer ambitious Chinese talent the

HUMAN RESOURCES • March 2017

27

China Focus

Percentage of business leaders in China who changed companies in the last five years (%) 60

41 23

40

20

0

36

38

38 23

25

20 Crossindustry move

35

15

24

19

17

18

14

13

Luxury PR

24

21

24

22

Withinindustry move

Internet

22

16

21

26

19

31

24

20

Overall

12

Media

Construction

22

20

17

15

14

13

16

14 16

Medical Legal

Hotel

Auto

Professional services Finance F&B

ICT

Retail Logistics Industrial Energy equipment Airlines

Source: China Leadership Report by Bain & Company and LinkedIn

chance to have a greater impact and more career opportunities than they could in an MNC. All this creates a fresh challenge for both MNCs and local companies in China: rapid churn among top talent.

The China Leadership Report published in January 2017 by Bain & Company in conjunction with LinkedIn found that more than 40% of leaders have changed companies in the past five years. Almost half of those job-hoppers went into completely new industries.

The research, which analysed 25,000 individuals in LinkedIn China’s proprietary member database from 220 major corporations across 18 industries, found that churn is even faster for local companies, where more than 51% of leaders changed companies in the past five years.

There is an important dimension to the churn that HR professionals should note: a distinct pattern of executive migration from MNCs to local firms.

The China Leadership Report found that only 10% of leaders in MNCs came from local firms in the past five years, while 31% of leaders at local firms had been employed by an MNC within the past five years. The flow is driven both by the ambitions of Chinese talent and by the pull of local companies. Many

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HUMAN RESOURCES • March 2017

Chinese business leaders now believe that they have better opportunities at local companies that are still scaling up than at established MNCs. Local firms, meanwhile, often seek out leaders with experience at MNCs because such organisations have a reputation for developing strong technical and managerial capabilities.

The actions to take What can companies do to win this new war for talent? Both forward-thinking local firms and MNCs will likely step up investments in talent management in what will be increasingly a seller’s market. This will raise the bar for all companies. There are four strategic actions that companies and HR leaders can take: 1. Develop operating models that enable leaders to have visible impact As businesses grow large and complex, it is harder for any individual to make a mark. This is especially true in large MNCs, where decisions require multiple levels of approval and coordination across functions, committees and time zones.

Frustration with the inability to react quickly to the marketplace can push ambitious leaders to look elsewhere to make their mark. In the worst cases, this leads to a situation where

a company can only attract candidates with personalities that are willing to accept a bureaucratic status quo.

To overcome this recruiting hurdle, MNCs need to take a hard look at operating models – organisation structure, accountabilities, governance and ways of working. By simplifying these elements, companies can liberate the energy of their leaders.

This is great for the leader, as well as for the company.

Although many fast-growing local companies have succeeded in attracting top leadership talent, they are not immune to the executive churn that comes from ineffective organisations. As local companies grow larger, a lack of formal systems, reliance on highly centralised decision-making, and constant reorganisation all contribute to the willingness of executives to take calls from headhunters. Local companies therefore also need to ensure they have well-designed operating models.

2. Focus on critical jobs In an intensifying war for talent, it pays to pick the battles you need to win. As Michael Mankins and Eric Garton noted in their recent book

3. Break glass ceilings for Chinese business leaders Chinese executives still jump to local companies because they have a lingering suspicion that Chinese leaders can’t make it to the very top positions at global MNCs. The China Leadership Report found that MNCs are filling almost six out of ten regional roles in China with Chinese leaders. However, few of the largest global MNCs have placed Chinese leaders in top global roles. As China’s economy becomes even more important to global MNCs, HR

managers at these companies will need to increase diversity in their boards and in top management. In addition to helping win the talent war, having more Chinese at the top can provide a deeper understanding of the local market.

HR departments at local companies can also do a better job of signaling that there are opportunities to go all the way to the top. They need to make sure that they manage succession and promotion processes effectively and transparently. This can be complicated – especially in family-run businesses – but needs to be done to avoid losing key talent.

4. Innovate with next-generation talent management The established talent management practices of the past 50 years – such as workforce planning, highpotential leadership programmes, performance appraisals, employer branding and total rewards – will no longer suffice. HR departments need a talent-management system that can accommodate high levels of employee churn, a growing reliance on external

talent, and distinct programmes that attract leaders for their most critical roles.

For example, instead of relying on retention programmes that can prove costly and don’t always work, HR managers can establish “affiliation” programmes which focus on inspiring employees with a company’s unique mission and values.

These programmes will help retain top talent and may even persuade employees who have left to return eventually. Also, instead of using standardised curricula organised by tenure in training programmes, firms can offer personalised learning and coaching programmes to rapidly increase the performance of new hires.

This all means that in the next decade, the challenges for HR leaders in China will be greater than ever. However, it also means that HR leaders who develop winning strategies in the new war for talent can have extraordinary impact on the success of their companies.

Photo: Thinkstock

Time, Talent and Energy: Overcome Organizational Drag and Unleash Your Team’s Productive Power, the best companies explicitly identify critical roles, as well as those that can be filled by “good enough” talent.

For example, having the best programmer in the world might make little difference to a consumer packaged goods business, but that same business better have top brand managers. The best-performing companies put their talent where the money is.

HUMAN RESOURCES • March 2017

29

圖片來源: iStock

中國焦點

企業如何應對中國行政人才流失 貝恩公司（香港辦事處）合夥人 陸建熙 貝恩公司（北京辦事處）合夥人 石教立

•• 中國的就業市場正面對一種獨特趨勢∶行政人員為追求個人事業發展﹐以及受到本地企業優厚待遇所吸引﹐都紛 紛離開跨國企業﹐轉投本地企業。 •• 跨國企業的人力資源部主管固然要因時制宜﹐本地企業的人力資源部主管亦應確保公司的人力資源運作模式﹐以 及繼任和晉升制度是否完善和有效。

聘

Report 指出，超過40%的企業領導層曾

請優秀的經理及行政人員，

現時，國內生產總值增長放緩，爭奪人才的

並為公司守住雙位數的業積

局面亦出現變化，人才供應較以往更充裕。

於過去五年內轉工，而其中有將近一半屬

增長，是中國企業於過去20

一眾中國打工仔花多年時間在本地及跨國企

轉行。此項研究的分析對象包括25,000

年普遍面對的人才挑戰。企

業打拼後，其管理能力得以提升。精通科技

名來自18個行業，合共220家大型企業的

業致力解決兩個難題：其一，每年在750

的年輕新一代，亦已加入就業市場。與此

LinkedIn中國會員。研究發現，本地企業

萬名中國高校畢業生中甄選出最具潛質的

同時，本地企業提升在人才發展方面的競爭

人才跳槽頻率更高，超過51%的領導層於過

人才；其二，設法招攬並培育未來領導人

力，可為具事業野心的中國人才提供較跨國

去五年內有跳槽經驗。

才。各行各業的人才供應無法追上眾多公

企業更大的發展空間和更多晉升機會。

司發展的速度。跨國企業求才若渴，以著

人力資源專才應留意人才流失反映的明顯趨

重培養行政人才的經驗為招徠，成功吸引

因此，流失頂尖人才已成為在華企業要

勢是：行政人員從跨國企業轉投本地企業。

了上一代認為受僱於外資企業有助事業發

面對的新挑戰。貝恩公司與LinkedIn於

上述報告指出，於過去五年間，僅有10%的

展的商業領袖。

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HUMAN RESOURCES • March 2017

2017年1月聯合發布的 China Leadership

本地企業領導層轉投跨國企業，卻有31%的

於過去五年內跳槽的在華企業領導層百分比 (%) 60

41 23

36

38

23

40

20

20

19

17

18 13

互聯網

15

24

22

24

21

24

22

轉工

總計

12

16

21

26

19

31

24

20

25

35

轉行

0

38

14

22

20

17

14

15

13

16

14 16

奢侈品 傳媒 醫療 汽車製造 專業服務 資訊與 零售 物流 行業 通訊 公共 建築 法律 酒店 金融 餐飲 能源 工業設備 航空 科技 關係 製造 資料來源：貝恩公司、LinkedIn China Leadership Report

跨國企業領導層轉投本地企業。這是因為中

雖然許多發展迅速的本地企業成功招攬頂尖

更多華人出任高層管理職位。這不僅有助企

國人才具事業野心，以及受本地企業挖角。

管理人才，但依然難免遇到因架構問題而流

業在人才爭奪戰中取勝，亦能夠加深企業對

然而，許多內地企業領袖認為，穩步向前的

失行政人員的情況。當本地企業規模逐漸擴

本地市場的了解。

本地企業相較於發展成熟的跨國企業更有利

大、規章制度不完善、過度依賴中央決策，

他們發展事業。另一方面，本地企業樂於招

以及頻密的架構重整，均促使行政人員另覓

本地企業的人力資源部亦可從中向僱員傳達

攬曾在跨國企業工作的領導層，主要原因是

新職。因此，本地企業需確保建立完善的營

有機會晉升至最高管理職位的訊息。人力資

跨國企業以著重培養員工的技術和管理能力

運模式。

源部必須確保以高效、透明的方式管理繼任

見稱。

應對措施 企業如何在新一輪人才爭奪戰中搶佔先機？ 市場正呈現出求過於供之勢，有遠見的本地 企業和跨國企業必然會加強人才管理，所有 企業因此面對的挑戰更大。企業及人力資源 主管可考慮採取以下四項措施：

1. 制定有效的營運模式讓領袖發揮所長 隨著企業發展規模越大，其架構越見複雜， 要作出合適的決定更顯困難。在大型跨國企 業中，任何決策均需經過多層協調和審批， 當中涉及多個職位、委員會及時區。對心懷 壯志的領袖而言，若無法因應市場狀況迅速 採取行動，難免因此產生挫敗感，並轉而物 色其他能讓自己施展所長的機會。這導致公 司有可能只會招攬到安於現狀、容忍官僚主 義作風的求職者。 若要解決這個招才問題，跨國企業必須檢討 營運模式，包括組織架構、問責機制、企業 管治及處事方式。透過簡化上述環節，企業 可讓領袖充分施展所長。對領袖和對企業而 言，這無疑是雙贏局面。

2. 集中招募關鍵職位 人才爭奪戰越演越烈，企業應學會有 所取捨。正如 Michael Mankins 與 Eric Garton 在新書 Time, Talent and Energy: Overcome Organizational Drag and Unleash Your Team's Productive Power 中所述，真正優秀的企業會將關鍵職位與普 通職位明確區分。例如，對從事包裝消費品 業務的企業而言，招攬全球頂尖的程式編寫 員，或許並無太大意義，然而，若能招募優 秀的品牌經理，則可能大有助益。但凡業績 出眾的企業，皆相當注重招募人才擔任關乎 機構盈利表現的職位。 3. 打破華人企業領袖的晉升限制 中國的行政人員青睞本地企業，是因為他們 仍心存顧慮，擔心華人領袖無法攀至全球跨 國企業的高層管理職位。上文提及的研究報 告指出，在華跨國企業當中，現時有近六成 的區域領導職位由華人擔任。然而，在全球 最具規模的跨國企業中，由華人擔任最高領 導職位的仍屬罕見。隨著全球跨國企業更加 看重中國經濟，這些企業的人力資源部主管 需著力推動董事會及高級管理層多元化，讓

及晉升流程。這絕非易事，家族企業尤甚， 但唯有這樣，才能挽留關鍵人才。

4. 以創新的方式管理新世代人才 於過去50年間建立的人才管理技巧（例如 人力資源規劃、高潛能領導發展計劃、績效 評估、僱主品牌及薪酬福利）顯然難以滿足 現今需求。人力資源部需要建立一套新的人 才管理系統，以應對僱員流失，以及過度依 賴外部人才等趨勢，並制定專門計劃，為關 鍵職位招募領導人才。 舉例而言，與其依賴成本高昂但未必奏效的 人才挽留計劃，人力資源經理可考慮設立 「聯盟」計劃，傳遞企業獨特的目標及價 值，啟發員工。這些計劃有助挽留優秀人 才，甚至可吸引已離職的僱員回流。此外， 與其按員工的年資制定標準的培訓計劃，企 業可為員工提供個人化的學習及輔導計劃， 相信能更快提升新入職員工的表現。 未來十年，中國的人力資源部主管將面對前所 未見的嚴峻挑戰。不過，這亦意味著，人力資 源領袖若能制定合適策略，助企業贏得新一輪 人才爭奪戰，則有望成為企業的功臣。

HUMAN RESOURCES • March 2017

31

- HR Technology Updates In the age of advances in information technology, IT development is decisive to business success, HR technology has become a crucial element within the Learning and Development function in Human Resource Departments across different industries.

We have invited different technolo gy expertise to sh updated view on are their HR Technologies. “ How to leverage HR technologies advance to make every d e c ision with an evid how to win over ence base, the C-suite and earn the strate on board room gic seat ?”

Interested? Please visit http://www.hkihrm.org/index.php/ld/upcoming-programmes Call 2837-3819 or E-mail to learning@hkihrm.org Date: 28 March 2017 Time: 9:00a.m. – 12:30p.m.

Venue: To be Announced

Legal Highlight

Beware of Bonus Payment Pitfalls

By Sarah Berkeley, Partner, Simmons & Simmons

• No matter whether a bonus scheme is contractual or discretionary, it is important to ensure that its intended nature is clearly documented.

• Although discretionary bonus schemes provide an employer with greater flexibility, it is important for employers to be aware that the exercise of discretion is not unfettered.

B

onus season is now in full swing. Although the general trend since the financial crisis has seen bonus payments shrinking in size, bonuses continue to constitute a significant proportion of total remuneration for many employees. For HR practitioners navigating bonus season, it is important to understand the legal and regulatory framework for bonuses in Hong Kong, which is not without its pitfalls.

Contractual or discretionary The Employment Ordinance recognises two different types of bonus: contractual and discretionary.

Contractual bonuses are usually fixed by reference to payment of a guaranteed sum, the achievement of specific targets, or a predetermined formula. Where they are paid on an annual basis, they are likely to fall under the “End of Year Payment”

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HUMAN RESOURCES • March 2017

regime in the Employment Ordinance.

A consequence of this is that a pro-rata payment of the bonus must be made if employment is terminated by the employer (other than summarily for gross misconduct) and the employee has been employed for at least three months of the relevant bonus year. Any provision in the employment contract which purports to prevent a pro-rata payment will be void.

Discretionary bonuses, as the name suggests, are paid at the discretion of the employer. Such bonus schemes will often set out a non-exhaustive list of factors that may be taken into account by the employer when deciding whether a bonus is to be awarded and, if so, how much it should be. Typically, the factors might include: 1. Individual performance 2. Team performance 3. Company performance

4. The employer’s strategic needs (eg retention of staff) Whatever the structure of the scheme, it is important to ensure that its intended nature is clearly documented.

This is because there is a presumption in the Employment Ordinance that a bonus scheme is contractual unless it is expressly stated to be discretionary.

The nature of the arrangement will depend not only on how it is described, but also on how it is operated in practice. If a bonus is paid automatically each year by reference to a predetermined formula, without any exercise of discretion, it is likely to be construed as an End of Year Payment, irrespective of how it is labelled.

Limits on exercise of discretion Many employers in Hong Kong, particularly in the financial services sector, prefer to operate a

discretionary bonus scheme because it gives them freedom to decide whether to pay a bonus and, if so, how much.

Although discretionary bonus schemes provide an employer with greater flexibility, it is important for employers to be aware that the exercise of discretion is not unfettered. The courts in Hong Kong have followed the approach of the English courts and it is now well-established law that discretion must not be exercised in a manner which is perverse, irrational or capricious, but rather rationally and in good faith.

Despite these limits on discretion, the good news for employers is that case law developments over the past 15 years have made it difficult for an employee to challenge an employer’s exercise of its discretion. The employee has the burden of proving that no reasonable employer would have exercised its discretion in the same manner. This is a high threshold and it is likely to require an overwhelming case to persuade a court to find that the level of a discretionary bonus payment (or even a “zero” bonus) is irrational or perverse. This is especially the case now that zero (or very low) awards have become much more prevalent since the financial crisis.

It is also important for employers to ensure that any exercise of discretion is by reference only to the parameters stated in the employment contract, and not to other factors. For example, if the contract states that bonuses will be determined based on the employee’s individual performance, but the employer takes something else into account when determining the award, this could expose the employer to the risk of a legal challenge.

Regulatory expectations Employers in the banking sector should also ensure that they are familiar with the Guideline on a Sound Remuneration System (the

“Guideline”), issued by the Hong Kong Monetary Authority (HKMA).

The Guideline applies to banks in Hong Kong and sets out the HKMA’s expectations regarding the structure and operation of remuneration systems. It aims to ensure that banks’ remuneration arrangements are consistent with, and promote, effective risk management. The Guideline is for the most part concerned with senior management and employees whose duties involve the assumption of material risks.

The Guideline is based on, and broadly reflects, the Principles for Sound Compensation Practices and Implementation Standards issued by the Financial Stability Board. It recommends that the award of variable remuneration (i.e. discretionary bonuses) should depend on the fulfilment of predetermined and assessable performance criteria, including both financial and nonfinancial factors, so that the quality of the overall performance of an employee (and not solely their financial performance) can be appropriately reflected in their bonus award.

The Guideline recommends that a substantial proportion of variable remuneration should be subject to deferral (vesting on a pro-rata basis over a number of years) and that a substantial proportion should be awarded in the form of shares or share-linked instruments (rather than cash), in order to better align incentives with risk and longer term value creation. It also reflects the expectation that banks will have arrangements in place to forfeit unvested awards and claw back vested sums in the event of fraud, malfeasance, or violation of internal controls by an employee.

Practical tips for HR When drafting bonus clauses in employment contracts: 1. Ensure that a discretionary bonus is expressly described as such.

2. Ensure that the employer’s discretion is drafted as widely as possible, by reference to a non-exhaustive list of indicative factors that the firm may take into account when determining bonus.

3. Firms in the banking sector should ensure that their bonus arrangements are aligned with the recommendations in the Guideline and include the ability to forfeit or clawback awards in appropriate circumstances.

HR managers who are working with the business to determine discretionary bonuses should be aware that they may, in future, have to justify their decisions in court. They should bear the following in mind: 1. Identify precisely what criteria are relevant to the assessment of the bonus award.

2. Ensure those criteria are consistent with any parameters described in the employment contract. Firms in the banking sector should also ensure that the criteria include a mixture of financial and non-financial factors, to comply with expectations set out in the Guideline.

3. Apply the criteria, ensuring that there are objective reasons to support the decision.

4. Compare awards across different teams and departments to ensure consistency.

5. Take particular care when determining bonus payments for employees who have been absent due to maternity leave or sick leave during the bonus year.

6. Keep clear written records of the decision-making process.

Bonus season is one of the most anticipated times for employees across the working world and a wellprepared rewards strategy can play a key role in engagement and retention.

HR managers should make sure they have a thorough understanding of the relevant legal and regulatory framework to ensure this crucial period goes off without a hitch.

HUMAN RESOURCES • March 2017

35

法律點題

慎防發放花紅陷阱 西盟斯律師行合夥人 Sarah Berkeley

•• 無論花紅屬合約制抑或按公司業 績及個人表現而定 ﹐ 也務必以明 文訂明花紅的性質。 •• 雖然酌情花紅為僱主保留最大的 彈性 ﹐ 但僱主應注意行使酌情權 亦有限制。

現

時正值公司發放花紅的時

錄）僱主在決定是否發放花紅及發放金額時

雖然酌情花紅為僱主保留更大彈性，但僱主

期，按整體趨勢，不少公司

可能考慮的因素。這些因素一般包括：

應注意行使酌情權亦有限制。香港法院參照

發放的花紅較金融危機前 少，但對於很多員工來說，

花紅在總薪酬中仍佔據相當大的比例。人力 資源從業者在處理花紅相關事宜時，必須了 解花紅於香港所涵蓋的法律及監管框架，慎

1. 個人表現 2. 團隊表現 3. 公司業績 4. 僱主的策略需要（例如挽留員工）

防當中的潛在陷阱。

英國法院的做法，訂明法例指出不得以失 當、不合理或反覆無常的方式行使酌情權， 並應當採取理性及真誠的方式行使這權力。 儘管行使酌情權有其限制，但參考過去15 年，不少案例都反映僱員難以挑戰僱主所行

無論花紅計劃的架構如何，務必以明文訂明

使的酌情權。僱員須自行舉證，證明在合理

合約花紅或酌情花紅

花紅的性質，因為《僱傭條例》推定，除非

的情況下，沒有其他僱主會以同樣的方式行

《僱傭條例》確認兩種花紅：合約花紅及酌

明確訂明花紅計劃屬酌情花紅，否則應視其

使酌情權。這個門檻相當高，僱員可能需要

情花紅。合約花紅通常參照保證支付的金

為合約花紅。

提供一個實際案例，說服法院同意僱主酌情 發放的花紅金額（甚至是「零」花紅）屬於

額、達致具體目標或預定公式去釐定。若合 約花紅按年發放，則有可能屬於《僱傭條

除了明文訂明，花紅計劃的性質亦取決於

不合理或失當。事實上，自金融危機以來，

例》所界定的「年終酬金」。在這種情況

其實際運作方式。若花紅是參照預定公式

零（或金額極低）獎金的情況已變得更加普

下，當僱主終止僱傭關係（僱員因嚴重過失

每年自動發放，而當中並無行使任何酌情

遍。

而被即時解僱除外），而且有關僱員於相關

權，則不論名稱，也很有可能被視為「年

花紅年度內已受僱至少三個月，則僱主必須

終酬金」。

按比例發放花紅的條款，均屬無效。

同樣重要的是，僱主在行使任何酌情權時， 只須參照僱傭合約中所列明的因素，而非其

按比例發放花紅。僱傭合約中任何旨在阻止

行使酌情權的限制

他因素。例如，若合約列明根據僱員的個人

香港許多僱主（特別是金融服務業的僱主）

表現釐定花紅，但僱主在釐定花紅時把其他

酌情花紅是由僱主酌情決定發放的花紅。此

傾向發放酌情花紅，因為此類計劃可讓僱主

因素也考慮在內，這種做法或會為僱主帶來

類花紅計劃通常會以列表說明（但並非盡

自行決定是否發放花紅，以及發放的金額。

法律風險。

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HUMAN RESOURCES • March 2017

監管期望 銀行界的僱主應了解香港金融管理局（金管 局）頒布的「穩健的薪酬制度指引」（指

而將獎金與風險及長遠效益掛鈎。該指引

同時顧及財務性及非財務性因素，以符

亦指出，若僱員曾作欺詐、瀆職或違反內

合指引所列明的期望。 3. 按照這些標準，以客觀理由支持相關花 紅決策。 4. 比較不同團隊及部門發放獎金的情況， 確保彼此情況一致。 5. 如有僱員在花紅年度內因產假或病假而 缺勤，在釐定其花紅時務必格外留神。 6. 以書面形式清楚記錄決策過程。

部監控政策等行為，僱員並未歸屬的遞延

引）。

薪酬會被取消或索回。

該指引適用於香港各間銀行，當中載明金管

給人力資源從業者的建議

局對業界薪酬制度架構及運作的期望，確保 各銀行的薪酬安排符合風險管理的原則，甚 至可加強風險管理的能力。該指引的主要對 象是高級管理層，以及職責涉及承擔重大風 險的僱員。 該指引依據並大致反映金融穩定委員會發 布的「穩健薪酬制度的原則」及「實施標 準」。當中建議，發放浮薪（即酌情花 紅）要視乎僱員能否達致預設的績效表現 標準，有關標準應包括財務性及非財務性 因素，以確保僱員的獎金能夠適當反映其

在草擬僱傭合約中的花紅條款時：

1. 須明確地說明何謂酌情花紅。 2. 須列表說明（但並非盡錄）公司在釐定 花紅時可能考慮的指標因素，盡可能放 寬界定僱主的酌情權。 3. 銀行機構應確保花紅安排符合指引的建 議，包括在適當情況下沒收或收回獎金 的權利。

留人才。人力資源經理應透徹了解相關法律 及監管框架，確保公司正確地發放花紅。

或須向法庭證明有關決定正當合理，因此 應當謹記以下幾點：

該指引建議將大部分浮薪遞延發放（分階段

1. 精確指出花紅獎金的評估標準。 2. 確保有關標準與僱傭合約中所列出的考 慮因素一致。銀行機構應確保有關標準

註：此乃中文譯本，一切內容以英文版本為準。

圖片來源: Shutterstock

股票掛鈎工具的形式（而非現金）發放，從

刻之一，而妥善制定獎金策略有助聘用及挽

人力資源經理為公司釐定酌情花紅，日後

整體表現（而非純粹財務上的表現）。

按比例歸屬），以及將大部分浮薪以股票或

綜觀各行各業，發放花紅是員工最期待的時

HUMAN RESOURCES • March 2017

37

Case in Brief

Disciplinary Action: Mitigating the Risk

By Gillian McKenzie, Senior Associate, Herbert Smith Freehills Gareth Thomas, Partner, Herbert Smith Freehills

Summary In this case involving allegations of discrimination by a long-serving employee, the District Court highlighted the need for employers to ensure that they are able to justify objectively any disciplinary action taken and keep proper records to support such decisions.

Law Miu Kuen Sally v Sunbase International (Holdings) Ltd District Court [2016] HKEC 520 (DCEO 7/2012) Hon Justice Alex Lee Dates of Hearing: 5, 7, 8, 15, 16, 19 & 30 October 2015 Date of Judgment: 4 March 2016

Facts The plaintiff had been employed by the defendant since 24 March 1997, most recently as a senior accounts clerk.

In 2007, she was involved in a traffic accident and the injuries she suffered resulted in her having to take leave from time to time for treatment.

Concerns regarding the plaintiff’s conduct first arose after the defendant became aware that the plaintiff had failed to prepare the company’s financial statements from 2003 onwards and that, as a result, the defendant had not filed tax returns during that period. Although notices and demands had been received from the Inland Revenue Department during this period, the plaintiff had failed to bring those to the attention of the defendant and the defendant was subsequently fined for its default. The defendant also discovered that the plaintiff’s work computer contained a significant volume of her own personal data, violating the defendant’s recently issued guidelines around computer

38

HUMAN RESOURCES • March 2017

usage. Throughout this period several complaints had been made by other staff members about the plaintiff’s behaviour towards colleagues.

In October 2009, the defendant decided to terminate the plaintiff’s employment on the basis of poor performance, rudeness to other staff and breach of company policy.

However, this was put on hold when the plaintiff presented the defendant with a pregnancy certificate, it being unlawful in Hong Kong to dismiss an employee who is pregnant or on maternity leave (except in cases of summary dismissal).

Wishing to end the relationship amicably, the defendant met with the plaintiff before she commenced maternity leave, and raised the possibility of the plaintiff resigning with the suggestion that she may wish to take some time off work to care for her baby. The plaintiff refused to resign unless she was paid a specified sum, and threatened to make

a complaint to the Equal Opportunities Commission if she was dismissed.

Shortly after returning to work after maternity leave, the plaintiff was dismissed. She subsequently brought a claim against her former employer contending that the defendant had unlawfully discriminated against her by (among other things) asking her to resign due to her disability and the need to take care of her baby.

Decision The Court dismissed the plaintiff’s claims, preferring the evidence of the defendant. In reaching this conclusion, the Court applied the two-part test set out in M v Secretary for Justice [2009] 2 HKLRD 298, namely: 1. Whether the plaintiff had been afforded less favourable treatment than a person without the plaintiff’s particular attribute (in this case, her disability and her pregnancy); and 2. Whether that attribute was the

reason for the less favourable treatment. That is, would the plaintiff have been treated the same way if she had not been disabled and/or pregnant?

The Court went on to explain that “the burden is on the plaintiff to prove discrimination on the balance of probabilities. Once the court is satisfied that the plaintiff is able to show from the primary facts that inferences could be drawn from the circumstances that disclosed a possibility of discrimination, the court would look to the employer for an explanation. If there is no reasonable or satisfactory explanation put forward, then the court would be entitled to infer discrimination as a matter of common sense.”

Photo: Thinkstock/SCMP

In dismissing the claim, the Court was satisfied that the defendant’s reasons for seeking to end the relationship with the plaintiff (leading ultimately to her dismissal) arose out of concerns about staff morale and the plaintiff’s performance and not because of her disability or pregnancy. In reaching this conclusion the Court gave weight to contemporaneous evidence put forward by the defendant, including a memo from a manager to the HR department as to the discovery of computer abuse; another memo in October 2009 recommending the plaintiff be dismissed; several performance

appraisals noting concerns regarding the plaintiff’s attitude to her colleagues; a letter of complaint from another staff member about the plaintiff’s language; and internal memos detailing similar complaints raised by two other staff members.

Take-away points for HR professionals This case is a reminder that despite an employer’s best intentions, it is not always possible to exit an employee amicably and it is often better to be honest and upfront about the reasons for a dismissal decision. Some important points for HR to note: 1. Ensure there is a paper-trail.

Where concerns are raised about a particular employee, they should be investigated promptly and appropriate action taken. It is useful to keep a record not only of the issue raised, but also any investigation undertaken and its outcome, irrespective of whether the employee is at that time at risk of dismissal. Even informal discussions with an employee around performance should be recorded on a system somewhere so that they can be accessed in the future if the behaviour continues or other issues arise.

2. Ensure appraisals are accurate. Do not gloss over issues or concerns

that have arisen during the period under review. If an employee is dismissed or disciplined for poor performance or conduct issues, but past appraisals have been glowing, those appraisals are likely to undermine the employer’s credibility and make it harder for an employer to show that the dismissal was objectively justified.

3. Consider not awarding discretionary bonuses to poor performers.

For similar reasons, awarding a discretionary bonus to a poor performer might ultimately undermine an employer’s credibility if the employer later seeks to dismiss the employee based on their poor performance during the bonus period.

4. Create an inclusive environment.

Implementing comprehensive guidelines around appropriate workplace conduct (including nondiscrimination and harassment policies) can help to create a more inclusive environment and reduce complaints about workplace behaviour.

5. Take care when meeting with at-risk employees. It is unsurprising that many discrimination claims are raised only after the employment relationship ends. HR should instruct managers that during discussions with employees they should therefore be mindful of laws which prohibit discrimination based on certain protected characteristics and steer clear from making any comments which may be perceived as discriminatory.

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 • March 2017

39

案例撮要

如何減低因紀律處分引發的法律風險 史密夫斐爾律師事務所資深律師 Gillian McKenzie 史密夫斐爾律師事務所合夥人 Gareth Thomas

摘要 一名資深員工指控前僱主涉嫌歧視，雙方對簿公堂。區域法院強調僱主須持有充分理據， 並保留相關記錄，方能對員工採取紀律處分。 羅妙娟（譯音） 訴 新恆基國際（集團）有限公司 區域法院 [2016] HKEC 520 (DCEO 7/2012) 李運騰法官 聆訊日期：2015年10月5日﹑7日﹑8日﹑15日﹑16日﹑19日及30日 判決日期：2016年3月4日

案情 原告自1997年3月24日起受僱於被告，其後 擔任高級會計文員。她於2007年遇上交通 意外受傷，此後需不時請假覆診。 被告之後開始留意原告的行為，因為原告被揭 發自2003年起未有再為公司編製財務報表， 因此被告於該段期間並無報稅。原告雖已收到 稅務局發出的通知及繳稅單，但未有將此事知 會被告，導致被告因欠稅被罰款。被告亦發現 原告的辦公電腦存有大量私人資料，違反公司 當時的電腦使用指引。此外，被告在這段期間

用M 訴 律政司司長[2009] 2 HKLRD 298一

異，公司應迅速展開調查並採取適當行

案為例：

動。無論公司是否解僱該僱員，亦應就

1. 與 不 具 備 某 種 特 質 （ 本 案 指 殘 疾 及 懷 孕）的人相比，原告是否受到較差待 遇；及 2. 該種特質是否導致較差待遇的原因，即 原告若非殘疾及／或懷孕會否受到相同 待遇？

法庭接續解釋：「原告須履行舉證責任，證 明是否存有歧視的可能性。法庭若信納原告 能夠根據基礎事實，作出可能存有歧視的推

接獲多宗其他員工對原告的投訴。

論，僱主便須對相關情況加以解釋。若僱主

被告以表現欠佳、對待其他同事無禮及違反

權按常理推斷有關行為屬歧視。」

公司守則為由，於2009年10月終止原告的 僱傭合約，但原告此時出示懷孕證明書，令 被告擱置解僱的決定。香港法例規定，僱主 解僱懷孕或放產假的僱員，即屬違法（即時

未能作出合理或令人信納的解釋，法庭即有

法庭駁回原告的申訴，信納被告擬終止與原 告的僱傭關係（以致她最終被解僱）的理由 是基於員工士氣及原告工作表現，而非因為

解僱情況除外）。

她殘疾或懷孕。法庭判決時，採納了被告提

為和平終止僱傭關係，被告在原告放產假前

部門發出的通知，指原告涉嫌濫用公司電

建議她考慮辭職，以便離職後有時間照顧小 孩。原告要求獲發若干金額，否則拒絕辭 職，又威脅指若遭解僱，便會向平等機會委 員會投訴。 原告放畢產假復工後不久便遭解僱。其後她 控告前僱主歧視，指對方因她殘疾及需要照 顧小孩而要求她辭職，此行為及其他相關行

出的證據，包括一份由一位經理向人力資源 腦、一份於2009年10月建議解僱原告的文 件、多份關注到原告對同事態度的表現評核 報告、一封員工就原告言談的投訴信，以及 多份內部記錄，詳載另外兩位員工提出的類 似投訴。

裁決

要點：

HUMAN RESOURCES • March 2017

相關內容亦應記錄在案，以便日後有需 要時能追查紀錄。

2. 確保評核報告內容準確。切忌過分修飾 於評核期內出現的問題。若僱員因表現 欠佳或操守問題而遭解僱或紀律處分， 但其過往的評核紀錄良好，有關報告很 可能削弱僱主的可信度，令僱主難以證 明已具備充分的解僱理據。 3. 考慮不向表現較差的僱員發放花紅。同 一道理，若僱主向表現較差的僱員發放 花紅，但其後於發放花紅期間，再以表 現欠佳為由解僱該名員工，做法可能削 弱僱主的可信度。 4. 創建共融環境。制訂全面而恰當的工作操 守指引（包括反歧視及性騷擾政策），有 助創建更融和的環境，減少有關職場行 為的投訴。 5. 謹慎地與有機會被解僱的員工會面。不 少歧視申訴個案是在僱傭關係終止後才 被提出。因此，人力資源部門應提醒管 理層，在與僱員商討情況時，應留意相 關法例，即禁止任何人因某些特質而遭 受歧視，並應避免作出任何可能被視為 歧視的言論。

本案提醒僱主，即使出於好意，亦非每次都 能和平結束僱傭關係，較佳的做法是坦白道

40

即使是僱傭雙方私下討論員工的表現，

人力資源專才注意事項

為皆對她構成非法歧視。

法庭採納被告證供，駁回原告的申訴，並引

有關問題、所有調查及結果備存紀錄。

出解僱理由。人力資源部門應倍加留意下述

1. 備 存 書 面 紀 錄 。 若 個 別 僱 員 的 行 為 有

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。

Reading Corner

No Ordinary Disruption: The Four Global Forces Breaking All the Trends Authors: Richard Dobbs, James Manyika, Jonathan Woetzel Publisher: Public Affairs Reviewer: Will Haskins

W

Exploring issues like cost of capital, the jobs gap, the changing basis of competition and challenges to society and governance, the authors lay out a framework for beginning to address the changes at hand.

e are most at risk when we watch the door for a danger that comes in through the window.

Business leaders and politicians have witnessed disruptions to industries and social patterns, but many do not fully appreciate the depth of the changes underway. The forces driving the change are likely to reshape the world in ways not seen for generations.

Drawing on their experience at the McKinsey Global Institute, authors Richard Dobbs, James Manyika and Jonathan Woetzel outline the four major forces reshaping our world: the rise of emerging markets, the accelerating impact of technology on the natural forces of market competition, an ageing world population, and accelerating flows of trade, capital and people. The authors argue that each of these disruptions alone would have ranked as one of the greatest disruptions since the industrial revolution, but their convergence will create unprecedented change.

Five insights: • Long-term trends in industry and society have gone from smooth lines to jagged, rapid transitions.

• Although many business leaders know disruptions are occurring, they fail to grasp their speed, scale and follow-on effects.

No Ordinary Disruption: The Four Global Forces Breaking All the Trends treats each trend systematically, bringing in a wealth of research and offering suggested responses to each trend. While the suggestions cannot be considered radical in the post-2008 world, the methodical approach and detailed analyses offer readers a useful précis of the tectonic shifts remaking the business world.

• Nearly half of global GDP growth between 2010 and 2025 will come from 440 cities in emerging markets.

• The pace of technological innovation and adoption is shortening business executives’ time to make decisions about capital allocation.

• Using intuition based on experience to make forwardlooking decisions is likely to lead to incorrect conclusions.

HIGHLY RECOMMENDED: Spark: How to Lead Yourself and Others to Greater Success

Digging Deeper: How Purpose-Driven Enterprises Create Real Value

Authors: Angie Morgan, Courtney Lynch, Sean Lynch

Authors: Dietmar Sternad, James J. Kennelly, Finbarr Bradley

Publisher: Houghton Mifflin Harcourt

Publisher: Greenleaf

Mastering Civility: A Workplace Manifesto Author: Christine Porath Publisher: Grand Central Publishing

HUMAN RESOURCES • March 2017

41

HKIHRM News

HKIHRM 2017 Mentorship Programme Kicks Off with First Mentor’s Sharingcum-Networking Gathering

O

n 18 January, the Institute hosted the first sharing session of the 2017 mentorship programme, at which Ms Margaret Cheng, vice-president of HKIHRM, addressed a group of 20 mentees and fellow HR practitioners on the topic of “Prepare Yourself for the Future”. She talked about the key competencies that HR professionals will need to develop and master in the future workplace, dissecting along the way the latest social and business trends. The participants found her insightful words inspiring. The presentation session was followed by a fun game and a networking session for mentors and mentees to connect.

Mentors and mentees of the HKIHRM Mentorship Programme pictured after the sharing session by Ms Margaret Cheng (front row, centre).

A fun game allows participants to interact in a casual atmosphere.

L&D Promotion Certificate in Train-the-Trainer Date: 8 April - 27 May 2017 (Saturdays) Time: 9:30am - 5:30pm

Mr David Li addresses seminar participants on the impact corporate academies have on the business world.

Mr David Li (right) receives a souvenir from Dr Victor Ng, senior manager of the Productivity Training Institute of the Hong Kong Productivity Council.

HKIHRM’s President Shares Insights into Corporate Academies

O

n 20 January, Mr David Li, president of HKIHRM, was invited by the Productivity Training Institute of the Hong Kong Productivity Council (HKPC) to give a keynote speech at the seminar “Establishing Corporate Academy—Key Aspects in Corporate Academy Development”. Cohosted by the HKPC and MTR Academy, the seminar was supported by the Institute. In his presentation, the president pointed out that corporate academies are a global phenomenon for talent management, with the number of companies adopting this concept on the rise, especially in Asia. He emphasised the important role corporate academies play in human-capital sustainability in today’s business world.

42

HUMAN RESOURCES • March 2017

Certificate in Employment Law – Intermediate Level Date: 9 & 16 May 2017 Time: 7:00pm - 10:00pm Certified Compensation Professional (CCP®) Date: February - October 2017 Time: 9:30am - 5:30pm For more upcoming programmes, please visit http://goo.gl/KHlElh. The best quality tailor-made Corporate Training. Scan the QR code or visit https://goo. gl/8xqyO0 to contact us.

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