Advisory Bulletin: Competition Concerns regarding Certain Practices in the Employment Marketplace in Relation to Hiring and Terms and Conditions of Employment

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Since the commencement of the Competition Ordinance, the Competition Commission (Hong Kong) has encountered situations where businesses have engaged in employment-related practices that may give rise to concerns under the Ordinance. In response to this, the Commission published an Advisory Bulletin in April 2018 to raise public awareness of the issue and to alert employers, employees and HR professionals of the potential competition risks with regard to employment related practices, in particular in the determination of employment terms and conditions and the hiring of employees. To facilitate easy understanding of the topic, a number of hypothetical scenarios were included. The Advisory Bulletin was distributed to the media and made available on the Commission’s website for free downloads by members of the public.