雇佣条例及税务专业行政文凭课程

The programme consists of three modules, of which important employment ordinances, compliance and taxation topics will be covered as the programme is designed to develop a thorough knowledge of employment ordinances, compliance and taxation in both theoretical and applied dimensions.

Module 1: Employment Ordinance and Law of Contract
僱傭相關法例及合約法

Aims

The success of an organization relies on the collaboration of its employers and employees. To enhance the cooperation and minimize disputes between employers and employees, both parties need to have a good understanding of employment laws currently enacted in Hong Kong. HKSAR has been persistently formulating legislations to provide guidance to both the employers and employees so that harmonious industrial relationship can be maintained. Law of contract covers all ranges of commercial practices including employment contract. This module is designed to equip participants with the most updated employment laws and law of contract with relevant real examples and case studies so that participants can effectively tackle situations without violating the employment and contract laws and legislations.

Contents

Part 1 Employment Ordinance 僱傭條例

• Walking through the important part of the “Concise Guide to the Employment Ordinance”
• Rest Days, Holidays and Leave
• Continuity of Contract
• Sickness Allowance and two calculation methods
• Application of the Employment Ordinance
• Maternity Protection
• Contract of Employment
• Paternity Leave
• Wages
• Termination & Summary dismissal of an employment

Part 2 Labour Department & Labour Tribunal 勞工處及勞資審裁處

• The roles & functions of the Labour Department
• The operations & mechanism of the Labour Tribunal

Part 3 Law of Contract 合同法

• Simple contract and contract by Deed
• Discharge a contract
• Oral and written employment contracts
• Alteration of contracts
• Essential elements of a valid contract
• Different remedies in breach of contract
• Terms and conditions of a contract
• The differences between common laws & legislations

Module 2: Relevant laws and practices relating to employment contract and relationship
與僱傭相關法例及合約法的應用

Aims

This module intends to provide a further knowledge and practical skills concerning how to handle the employer and employee relationship. Helping students to avoid committing avoidable offences relating to Employment Ordinance. Besides, this programme also aims to equip participants with the practical knowledge and skills to handle the personal injury of an employee during an employment. Through the cases study, participants are well-equipped with basic knowledge and skills to draft a simple employment contract.

Contents

Part 1 Contract of Services vs Contract for Services 自僱與受僱

• Introduction to Minimum Wage Ordinance
• Introduction to Mandatory Provident Fund Schemes Ordinance
• Introduction to Sex Discrimination Ordinance
• Introduction to Race Discrimination Ordinance
• Introduction to Employment Compensation Ordinance [personal injury]
• Introduction to Personal Data (Privacy) Ordinance

Part 2 Hong Kong Legal System 香港法律制度

• Introduction to Hong Kong courts and its jurisdiction
• Differences between Civil and Criminal
• Various types of tribunal

Part 3 Employee Compensation Ordinance 僱員補償條例

• Key features of employee compensation in Hong Kong
• Liabilities of employers including common law damages
• Negligence and defences and Contributory negligence

Part 4 Contract Drafting 草擬合約及案例討論

• Simple contract drafting
• Employment contract example
• Case Study

Module 3: Employment-related Taxes
就業相關稅例

Aims

This module is intends to provide an overview of the current Employment Related Tax System implemented in Hong Kong and the People’s Republic of China, with a view to helping students gain an understanding of how the two systems have developed. Relevant tax laws and cases will be discussed. Besides, the programme also aims to equip participants with the practical knowledge and skills to handle the tax returns and simple computation in compliance with the relevant statutory requirements to discharge the obligations imposed on employers and employees.

Part 1 Hong Kong Employment Related Tax 香港就業相關稅例

1. Introduction to the Hong Kong Taxation System 香港稅制介紹
   • Characteristics of Hong Kong taxation system
   • Tax categories chargeable in Hong Kong
2. Tax Administration 稅收徵管
   • Compliance, returns and assessments
   • Objections, appeals, holdover claims and revision of errors
   • Offences, penalty and recovery of tax
3. Salaries Tax 薪俸稅
   • Scope of charge and sources of income
   • Personal allowances
   • Chargeable income
   • Salaries tax computation & salaries tax planning
   • Allowable deductions
4. Personal Assessment 個人入息課稅
   • General principles
   • Computation of personal assessment tax

Part 2 China Employment Related Tax 中國就業相關稅例

1. Legal and Administrative Framework of China Tax 中國稅務法律及行政架構
   • Sources of law
   • Language and interpretation of laws
   • Types of laws and regulations
   • Tax policy and administration
2. Individual Income Taxes 個人所得稅
   • Individuals liable to income tax
   • Tax administration and collection
   • Taxable incomes and exemptions
   • Investigations, disputes and penalties
   • Deductions
   • Double tax relief
   • Tax rates and computation

Dr K.H.Ma

Dr. K.H. Ma is an experienced CFO with more than 30 years of managerial expertise in law and finance. He has a wealth of experience and knowledge in both legal and financial fields. Dr. Ma was Head of Finance of a listed company and has handled many employment law cases.

Dr. K.H. Ma has an impressive educational background, having achieved an LLB and LLM degrees from Northumbria University, UK and Master degree from CUHK; PolyU; UEA, Macau and Victoria University, Australia. He also holds a DBA from UCN, Nicaragua. He is a member of UK Chartered Institute of Legal Executives and Royal Institution of Chartered Surveyors. He is a CPA of HK, Singapore, UK, Australia and is also a Canada, and UK Chartered Building Engineer.