Human resources sep 2014 by bernardwan

The Official Journal of the Hong Kong Institute of Human Resource Management 香港人力資源管理學會會刊 H UMAN R ESOURCES 人才薈萃

人才薈萃

September 2014

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Flexi-Time or F ace Ti

September 2014

ase for Flexible W C e ork Th ? O me

選擇

Hong Kong 有

是

統

工作

作

還

何

彈性

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模式？在香港

彈性

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FEATURE

CHINA FOCUS

LEGAL HIGHLIGHT

To Move or Not To Move: Latest Trends and Development in Overseas Assignments

Interpreting Draft Regulations on Service Invention

Blind Adverts and Fair Recruitment Practices

《職務發明條例草案》的詮釋

匿名廣告及公平招聘措施

iOS

Android

Nexis (a Ltd.) No uced or ncluding written ation for Written any part ystem of he IHRM r advice y reﬂect

Hong Kong Institute of Human Resource Management Suite 1503, 15/F, 68 Yee Wo Street, Causeway Bay, Hong Kong Tel: 2881 5113 Fax: 2881 6062 e-mail: info@hkihrm.org

HUMAN RESOURCES 人才薈萃

Inside your September 2014 issue

Website: http://www.hkihrm.org Editor 編輯

Eileen Ang 洪愛玲

eileen.ang@thomsonreuters.com Chinese Translator 中文翻譯 Natalie Lee 李頴琳

Design and Production 設計及制作 Samson Pang 彭振生 Gary Wu 胡國輝

6 HKIHRM Annual Conference & Exhibition

11 Cover Story

Managing Editor 執行主編 Ranajit Dam 鄧文杰

For enquiries about advertising contact: Account Manager 客戶經理

President’s Message News Feature • Plugging The Tech Talent Gap

Henry Cheng 鄭裕康

HKIHRM Annual Conference & Exhibition

Tel: +852 2847 2016

• Attracting Talent in a Fast-Paced Industry • Capitalising on Talent Brand for Recruitment

henry.cheng@thomsonreuters.com Senior Sales Director, North Asia 高級銷售總監(北亞洲區) Jessie Cheung 張學智

jessie.cheung@thomsonreuters.com Tel: +852 2847 2005

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4 6 8

Cover Story • Flexi-Time or Face Time? The Case for Flexible Work Options in Hong Kong

彈性還是傳統工作模式？在香港彈性工作有何選擇

Feature • Pitch Perfect: How Voice Matters in Creating Executive Presence

• To Move or Not To Move: Latest Trends and Development in Overseas Assignments

China Focus • Interpreting Draft Regulations on Service Invention

17 20 24

《職務發明條例草案》的詮釋

Thomson Reuters 10/F, Cityplaza 3, Taikoo Shing, Hong Kong Tel: +852 2847 2088

HR Toolbox

www.thomsonreuters.com ISSN 2305-2007

Legal Highlight

© Copyright is reserved to both the HKIHRM and Thomson Reuters. No part of this publication can be reproduced in whole or part without the express permission of the publisher. Contributions are invited, but copies of work should be kept, as Human Resources can accept no responsibility for loss. Neither the HKIHRM nor Thomson Reuters accept liability for any views, opinions or advice given.

• Communicating the “Human” in HR • Blind Adverts and Fair Recruitment Practices 匿名廣告及公平招聘措施

Case in Brief • Employee’s Duty to Act in Employer’s Best Interest

30 33

僱員有責任以僱主的最佳利益行事

HKIHRM Survey

HKIHRM News

Reading Corner

President’s Message

David Li, President of HKIHRM

he Institute’s Annual Conference and Exhibition will be held on 7 and 8 October 2014. If you are too busy to make registration yet, please act now to select your targeted plenary, forum and concurrent session. We look forward to seeing you. This year, we again have an impressive line-up of guests and speakers. Dr Leong Che Hung, Council Chairman of the University of Hong Kong, will speak at the opening ceremony. Prof Ian Williamson from the University of Melbourne will host the Guru Plenary. The CEO Plenary will be attended by leaders from Allianz Global Investors GmbH, LinkedIn, Hewlett-Packard and Wyeth Nutrition, who will look at various HR topics from different perspectives. Mr Ricky Wong, Chairman of Hong Kong Television Network Limited, will be our speaker in the keynote session. Mr Linus Cheung, Chairman of the Board of Governors, Centennial College, will be the inspirational speaker. The Annual Conference and Exhibition will also bring about insightful sharing on a great variety

H UMAN R ESOURCES • September 2014

of topics including employee engagement, talent retention and development, change management, big data and analytics, developing high potential leaders, and standard working hours in practice. This is a not-to-be-missed event for HR professionals. Please join us to learn more about the new trends and development in HR management. As far as HR-related issues are concerned, two topics have drawn our attention recently – discrimination law review and a study report on pension scheme. Both will have impact on the work of HR professionals. Let’s briefly talk about them. A consultation is being held by the Equal Opportunities Commission (EOC) on a discrimination law review which covers some HR-related areas such as discrimination relating to maternity period, potential pregnancy, marital status and family status, as well as an employer’s benefits to cover the de facto partner of an employee, and so on. Knowing that there will be complications in the proposed revisions to the related laws, the Institute sees the need

to enable HR professionals a better understanding of the review so that they can be more alerted during their work. A briefing session hosted by the EOC for HKIHRM members was conducted in early September. The Institute will send a submission to the EOC incorporating views from members, and spare no effort to keep members abreast of development in this connection. It is noted that a study report on pension scheme prepared by Prof Nelson Chow of the University of Hong Kong has been submitted to the government. The Institute will keep an eye on this employee wellness issue when there are any views from the government. While the scope of HR topics is so extensive, Human Resources focuses on a few in this issue including flexible work arrangements, blind adverts and fair recruitment practices, draft regulations on service invention in mainland China, as well as the latest development and trends in overseas assignments. Enjoy reading!

Don’t Miss One Of The Most Important People Management Events In Asia Join now! GUEST OF HONOUR

GURU SPEAKER Prof Ian O Williamson

Dr Leong Che Hung

Associate Dean International Relations Melbourne Business School The University of Melbourne

Council Chairman The University of Hong Kong

CEO PLENARY SPEAKERS

INSPIRATIONAL SPEAKER

Ricky Wong

Linus Cheung

Chairman Hong Kong Television Network Ltd

Chairman Board of Governors Centennial College

FACILITATOR

Kee Chi Hing

Douglas Eu Chief Executive Officer Asia Pacific Allianz Global Investors GmbH

SENIOR HR FORUM SPEAKERS

KEYNOTE SPEAKER

Former Corporate Vice President & Hong Kong Managing Director Hewlett-Packard

Hari Krishnan

Clarence Chung

Managing Director Asia Pacific & Japan LinkedIn

General Manager Wyeth Nutrition HK

Peter Cheese Chief Executive Officer Chartered Institute of Personnel & Development

FACILITATOR

Lawrence Lee Vice President, HR Greater China & Mongolia Hilton Worldwide

Dr Theresa Li

Charles Bendotti

Head of HR Hospital Authority

Vice President, HR Philip Morris Asia Ltd

Debi Hirshlag Global Strategic HR Advisor Workday

CONCURRENT SPEAKERS • Peter Cheese

• John Allison

• Peter Leung

• Sharon Cheng

• Cynthia Stuckey

• Cynthie Neo

Chief Executive Officer, Chartered Institute of Personnel & Development Managing Director, Head of HR, Hong Kong & Mainland China, DBS Bank (HK) Ltd

• Samuel Tsang

Director, Human Capital Advisory Services, Deloitte Consulting Hong Kong Ltd

• Mike Hoban

Consultant Leader, Development Dimensions International

• Leung Pui Fung

Founder, Fair Taste (HK) Ltd

Senior HR Manager, Hospital Authority (NT East Cluster)

Vice President, HR, FedEx Express, Asia Pacific Division Managing Director, Asia Pacific, The Forum Corporation

Senior Manager, Executive Development, Jardine Matheson Ltd

• Eliza Ng

• Susie Quirk

Director, HR, Fuji Xerox (HK) Ltd

Director, Consulting, Business Performance Services, KPMG

• Shawn Phillips

• Dr Christine Wang

Senior Director, Talent Acquisition and HR Operations, Gilead Sciences Inc

Partner, Leadership Psychology Australia

• Kent Liu

• Eric Yee

Head of Recruitment, Training and Examination Group, Hong Kong Fire Services Department

Head of Talent Solutions, Hong Kong, Taiwan & Macau, LinkedIn

• Duncan Abate

Partner & Head of Asian Employment & Benefits, Mayer Brown JSM

• Michael Yeung

Regional Director Compensation & Benefits, ON Semiconductor

• Steve Wilson

Director, Talent Sustainability, PepsiCo HK, LLC, Asia Pacific Region

• Aaron Au

Chief Technology Officer, SuccessFactors Inc (SAP)

• Jane Cheng

Vice President, Group HR & Admin, TechTronic Industries Co Ltd

• Jessica Li

Group General Manager, Tsui Wah Holdings Ltd

• Dr Jimmy Lau

Chief Executive Officer, Richform Holdings Ltd

... AND MANY MORE Updated as of August 8, 2014

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News Feature

Plugging The Tech Talent Gap By Soni Sajnani, Digital Consultant, Harvey Nash Executive Search APAC

• Organisations are investing more in digital, mobile and online efforts as the global economy begins to improve. • Considering the already-limited talent resources in the IT sector, more effective people management practices other than remuneration are needed for talent attraction, development and retention.

he Harvey Nash CIO Survey 2014, which covered over 3,200 Chief Information Officers (CIOs) and technology leaders from more than 30 countries, found that as the global economy begins to recover, organisations are ramping up their investment in digital, mobile and online initiatives. While this is a positive development, it does have a knock-on effect on the growing skills shortage within the industry. In fact, 76% of companies in the Asia-Pacific (APAC) region reported that a lack of access to the right technology talent was holding them back (compared to 60% globally).

created roles within companies are evolving to lead digital advancement, such as the emergence of the “Chief Digital Officer” (CDO). In addition, Chief Marketing Officers have more influence over technology-related spending.

Record optimism

2. Equally likely to increase headcount 42% planned to increase IT headcount, the same percentage as the global average.

Technology budgets are growing globally as Chief Executives increasingly favour investing for growth over cost reduction and efficiencies. Newly 4

H UMAN R ESOURCES • September 2014

Notable Hong Kong and China findings CIOs from China/Hong Kong observed the following trends:

1. Increasingly strategic in outlook 73% saw the role of the CIO becoming more strategic, 7% more than the global average (66%).

3. Less restless about innovation investment 67% believed too little time had been invested in innovation, 2% less than the global average (69%). 4. More likely to have a CDO 16% currently had a CDO, 9% higher than the global average (7%). 5. More exposed to major IT security attack 25% faced a major IT security attack last year, 3% higher than the global average (22%). 6. More likely to outsource 55% expected to increase outsourcing, 6% higher than the global average (49%). 7. More diverse IT leadership 10% of respondents were female IT leaders, 3% higher than the global average (7%).

News Feature Best Practices in Recruiting Digital Talent L’Oéral gamified their recruitment process

New priorities, skills shortfall For the first time since the 2008 worldwide economic recession, a shortage of IT-related skills is once again appearing as a major management concern. In APAC, the problem is particularly acute. Acquiring, retaining and developing the skills to drive growth are now major priorities for leaders everywhere. Skills may have to be imported from other regions such as Australasia and Europe, pushing the already-scarce resources to the limit. Organisations need to invest in developing their talent today, or they will surely lose out in the future. 1. Challenges to keeping talent 90% of CIOs and technology leaders were concerned about retaining their best people. Larger companies (250 technology staff or more) were 46% more likely than smaller companies (less than 50 technology staff) to be “greatly” concerned. This suggests that in the technology sector, smaller, high-growth companies are more attractive to talented technology professionals. Such organisations are more agile and have worked out how to best incubate technology professionals by harnessing their skills. Technology professionals want to be in an environment where they have the platform to create real and immediate impact which smaller companies allow for.

2. Retention strategies 54% of respondents in the Hong Kong and China markets also received a pay rise in the past year. This figure is 23 percentage points more than the global average (31%), demonstrating the value placed on good talent.

Winning over digital professionals To develop and expand, organisations need to attract better and alternative talent. Here are some suggestions:

1. Mind your image Employer branding and reputation can be either a magnet or a barrier to talent.

Innovative Recruitment Methods

P&G launched an Employee Exchange programme with Google Training Programmes

Plugging the Skills Gap

At the MIT Centre for Digital Incubating for Business, companies such as P&G, the Future Siemens Health Care, Mass Mutual, Cap Gemini have created partnerships with universities to create incubation programmes

Targeted M and A

Partnerships

Ping An made several acquisitions of mobile, social and tech firms

AXA partnered with Facebook and LinkedIn

2. Ensure you make full use of your website What does it say about the company? Does it reflect what HR says to candidates?

be a continuous effort. Some recommendations are:

3. Use innovative methods to entice digital talent Companies such as L’Oreal have used gamification as part of their recruitment process. The cosmetics giant developed Reveal, a game designed to show job candidates how L’Oreal works. The game also helps them assess what professional path to take.

2. Agree on a development plan and consistently challenge employees. People want to know where they are going and how they fit in the organisation’s overall strategy.

4. Share the company’s vision and strategy Potential recruits, particularly Gen Y digital natives, get inspired by both success and passion.

Hiring and keeping talent Speed, thoroughness, courtesy, and follow-through are all essential elements of the hiring process. Below are other key points: 1. Involve the best people and train managers in competency-based interviewing. This means focusing on the how, not the what. 2. Hiring should not be based on a gut decision, so use proper assessment tools. Work hand in hand with IT and marketing departments to create shared technical interview analysis benchmarks/ratings. 3. Choose someone based on values and ethics. Attitude is everything, particularly when hiring digital talent. Retaining the best people should

1. Constantly map and assess talent to identify the organisation’s stars/highpotential performers.

3. Create a positive working environment founded on trust and mutual respect. Technology has enabled people to be “always on”, so it is important to ensure that work is as enjoyable as possible. 4. Understand people and get their motivations right. HR professionals need to be known by everyone in the business.

Distinctly digital Digital is still considered a new space as well as a highly competitive market. As such, it is highly recommended that companies invest in their in-house talent today to cultivate their own specialists. 1. Pick out those within the business who are curious. They must have the right attitude and learning agility. 2. Run the business like a start-up and pay for performance. 3. Develop staff via mentoring, sponsorship, coaching, training and other initiatives. Those with an open mind learn quickly. By taking the actions outlined above, organisations can stay ahead in the war for technology talent. H UMAN R ESOURCES • September 2014

HKIHRM Annual Conference & Exhibition

Attracting Talent in a Fast-Paced Industry Interview with Mr Douglas Eu CEO Asia Pacific, Allianz Global Investors

H UMAN R ESOURCES â&#x20AC;˘ September 2014

HKIHRM Annual Conference & Exhibition

Mr Douglas Eu is the Chief Executive Officer, Asia Pacific of Allianz Global Investors, a financial services giant with operations in over 70 countries and regions. He shares his views on how to find and keep talent, especially the younger generation, as well as the important role of HR in building a talent pipeline in an organisation. Financial services and wealth/ investment management is a fast-moving sector that requires staff to move forward in a quick pace. What are the criteria in your selection of talent? What difficulties does your company face?

Young talent is crucial in every sector. Does your industry have a problem attracting them? How are they different from older generations in your industry? Any new strategies and practices in retaining and attracting them?

Mr Eu: At Allianz Global Investors, we are looking for talent who can align with our four corporate values: Respect, Integrity, Passion and Excellence. These values differentiate us from our competitors and, most importantly, will help us survive in the long run amid a fast-paced environment and continuously changing regulations.

Mr Eu: I don’t think it is a problem now, but certainly there are things we have to figure out. We have to get ready and respond quickly. For example, traditional recruitment methodologies won’t always be effective. Long working hours in an office setting environment will not be attractive to them. A flexible environment which encourages creativity and ownership is probably closer to their expectations.

At the same time, we are facing the challenge of getting future talent who have their unique way of thinking, expectations and behaviour. As such, we cannot rely on traditional approaches to reach, attract and motivate them. The implication is not just on hiring, but also on how we prepare ourselves for the future market and business. We are learning, and we know that we have to learn fast in order to remain competitive.

Based on your global experience, how would you compare the human capital in Hong Kong with other countries and regions? What are their strengths and weaknesses? Mr Eu: Hong Kong is an international city in Asia, so it attracts different people from different parts of the world. As such, we have a diversified

talent pool with varied skills, knowledge, background, races, etc. These overseas employees are flexible, accommodating and mobile – these are their strengths. But at the same time, they can be less committed to Hong Kong and require more support from employers, including housing, schooling, taxation, etc. At the end of the day, these kinds of support cost employers more.

As a Chief Executive Officer, how do you perceive the role of HR in building a talent pipeline in your company? In what ways do HR professionals help in the overall corporate strategic planning? What do you expect from them? Mr Eu: HR advocates, facilitates and implements various plans to build a talent pipeline in an organisation. HR has a big influence on shaping a company’s people policies through corporate culture, development programmes, and best practices. In turn, these elements contribute to an employer’s image or reputation, which has a direct effect on how job candidates perceive the organisation.

Mr Douglas Eu will speak at the HKIHRM 2014 Annual Conference to be held on 7 and 8 October 2014 at the Hong Kong Convention and Exhibition Centre. For more information, please visit the HKIHRM website at www.hkihrm.org. H UMAN R ESOURCES • September 2014

HKIHRM Annual Conference & Exhibition

Capitalising on Talent Brand for Recruitment Interview with Mr Hari Krishnan Managing Director, Asia Pacific and Japan, LinkedIn

H UMAN R ESOURCES â&#x20AC;˘ September 2014

HKIHRM Annual Conference & Exhibition

Mr Hari Krishnan is Managing Director for Asia Pacific and Japan at LinkedIn, a global professional network on the Internet with more than 313 million members worldwide, which has, amongst other things, revolutionised the way people and companies work. Backed by his extensive experience, Mr Krishnan shares his insights into the latest trends in talent attraction, leadership and people management. One of LinkedIn’s major business lines is talent solutions, or the people business riding on advanced technology. In what ways has this business model changed the requirements on human resources? Mr Krishnan: In the talent space, LinkedIn is excited to be able to help companies transform the way they hire the best talent as the dynamics of talent acquisition and retention continue to undergo dramatic changes. We see two key trends: recruiters becoming more like marketers, and doing more with less. The lines between the disciplines of recruiting and marketing continue to blur. Recruiting teams are starting to adopt tactics that are more commonly used by their marketing colleagues to build their respective talent brands so they can attract the best people. This is particularly important because a company’s talent brand or its reputation as a great place to work is a key differentiator – more than being known as a prestigious company or for its great products and services. Recruitment teams are now being challenged to deliver more results with seemingly less resources. While hiring volumes are expected to

increase, budgets are expected to stay the same or even decline. This underscores the need to be even more focused on getting the “basics” of talent recruitment right. Talent sourcing, pipelining and hiring must be executed in the most efficient manner, without compromising on quality.

You’ve worked with some of the world’s most innovative and fastest-growing technology businesses. Based on your experience, how do you think talent management – from recruitment to retention – is done in this industry? Are there any significant differences with other sectors? Mr Krishnan: A key differentiator for any company looking to recruit and retain talents is its talent brand. Both these elements are equally important – there is no point in attracting the best talent only to lose them shortly after. In fact, that is highly disruptive to any business. Our research shows that a company’s reputation as a great place to work matters most to talents worldwide. This means that companies that continue to invest in their talent brand will be the ones

best equipped to motivate their people to drive success and value.

As LinkedIn’s first hire in Asia Pacific who has been working in different countries and with people of different cultures, what similarities and differences have you observed in people management and development? Mr Krishnan: One of the defining characteristics of the Asia Pacific region is its diversity across facets such as cultures, demographics and stages of development. This diversity presents many opportunities for companies based here. To realise these opportunities, harnessing talent to perform at their best is critical. From what I’ve seen, there are two contrasting styles of leadership. The first is the “general” – a leader who is highly visible and often right up at the front lines with his/her team, like an army general. The second is the “producer” – a leader who is very much leading from “behind the scenes” but is clearly in charge, like a movie producer. Both styles can complement each other and depending on the situations, leaders sometimes adopt either style to achieve their goals.

H UMAN R ESOURCES • September 2014

HKIHRM Annual Conference & Exhibition

How far do you think technology plays a part in human resources management? What piece of advice would you give to HR professionals on the application of advanced technologies to benefit their work?

professional networks like LinkedIn, where such professionals are building their professional identities, networks and knowledge, helps companies to identify, pipeline and engage a vast pool of potential talents for their businesses.

Mr Krishnan: The war for talent is an ongoing one. It keeps intensifying as companies compete to get the best talent to create value for their clients and differentiate themselves from their peers. In my conversations with CEOs, this topic is something that also keeps them awake at night. A key challenge is that very often, the best talents are not actively seeking job opportunities. They are “passive” in the sense that they are not looking to move. They are happy in their current jobs, performing well where they are, but may be interested in hearing about these opportunities. Our research shows that about 20% of professionals are actively seeking job opportunities, which means that companies may lose out if they do not look beyond this pool of “active” talent. HR professionals need to go the extra mile to uncover the remaining 80% of professionals who are “passive” talents. Leveraging “big data” insights from online

Mr Krishnan: I think of it more as work-life integration. If you are passionate about these components, the “integration” happens quite naturally. I am very fortunate to be working at LinkedIn, where our vision of creating economic opportunities for everyone in the global workforce constantly energises me. I am also lucky to have hobbies I love, and a family which is a great source of inspiration for me. That said, it’s also important to define for yourself what personal time is, and what work time is. This way, you can be at your best when you are leading a meeting to define strategy for your company, or when you are spending time with your loved ones.

You were a semi-pro tennis player and still actively play the sport.You also ski and got trained as a scuba diver. Clearly, you have not let a demanding job get in the way of your personal pursuits. What are your views on worklife balance? Is it an achievable goal? What can professionals do so that they have time and energy to devote to their

Mr Hari Krishnan will speak at the HKIHRM 2014 Annual Conference to be held on 7 and 8 October 2014 at the Hong Kong Convention and Exhibition Centre. For more information, please visit the HKIHRM website at www.hkihrm.org.

10 H UMAN R ESOURCES • September 2014

personal lives as well?

What will you share with the participants in the upcoming Annual Conference and Exhibition of the HKIHRM? Mr Krishnan: I am looking forward to meeting leaders at the HKIHRM, and exchanging views on key factors that are changing the game for leaders and companies that are looking to hire the best talent to drive value for their businesses.

Cover Story

Flexi-Time or Face Time? The Case for Flexible Work Options in Hong Kong By Andrew Sheard, Managing Director, People World

• Flexible work arrangements are being cited as employee wellness practices in employers’ efforts to attract, retain and reward talent. • Operational concerns and employees’ actual needs should be taken into consideration when designing flexible work arrangements. H UMAN R ESOURCES • September 2014

Cover Story

he debate on standard working hours in Hong Kong has been a hot topic all year, with the focus on determining whether such a measure is necessary, how much extra wages will be incurred, and what constitutes a standard working week. However, there is more to this topic than just numbers, as its impact goes beyond time spent at the office. For many workers, this is a key part of work-life balance that needs to be addressed.

international provider of office space and services, interviewed around 20,000 senior business leaders across 95 countries. The survey reported that 73% of Hong Kong respondents found that flexible working enhances employee productivity while over 60% thought it boosts the quality and speed of decisionmaking. In addition, 73% said flexible work options engender a greater sense of responsibility and better time-management skills among employees.

A discussion on a working-hours regime may provide employers and employees an opportunity to conduct a more comprehensive review of their work arrangements, looking at both quality and quantity. They can consider how to arrange work in a smarter way to maximise productivity and achieve work-life balance.

The first step is to realise that not all forms of flexible working are appropriate for your organisation. Factors such as operational concerns, opening and closing times and shift patterns make certain options inappropriate for some job roles in the company.

One solution that could be seriously considered is flexible working, which allows for work to be done outside the traditional eight-hours-a-day, five-daysa-week schedule usually observed in offices, shops or factories. As long as employees meet requirements and coordinate with their supervisors and colleagues effectively, allowing them to handle their workload and schedules with greater flexibility can be a winwin proposition for companies and staff alike.

Momentum of support There seems to be increasing support for flexible working. Community Business, a non-profit group that advances corporate social responsibility in Asia, conducts an annual survey called The State of Work-Life Balance in Hong Kong. In the 2013 edition of the study, 56% of respondents said they were willing to switch jobs if the new post allowed them to spend more time with family. The report, which involved 1,048 full-time employees, also found that 35% had considered quitting or had resigned from a job to focus more on family life. A 2013 poll by Regus, an 12 H UMAN R ESOURCES • September 2014

Taking the first steps Flexible work arrangements can include: flexi-time, reduced hours/part-time working, compressed hours, job sharing, work from home, career break and study leave. With these in mind, how can organisations develop and implement such schemes?

HR professionals may find it useful to conduct a survey of what options could work for each job role. Below is a sample checklist:

Job role Tele sales Face-to-face sales Finance Consultancy

Reduced Hours

Work from Home

Job Sharing

Compressed Hours

3 3 3 3

3 7 7 3

7 3 7 3

3 7 3 3

If your organisation has an employee association, talk over the choices with them. Alternatively, you can craft a questionnaire and form a focus group to generate discussion and get feedback from staff on what measures would be welcome and feasible. Just remember that these proposals will need the support of company managers, particularly those who are responsible for most of the personnel in the business.

Benefits and advantages Flexible working could be a vital aspect of family-friendly policies, which have become essential in helping organisations retain staff. It could also boost an employer’s brand, making its job offers more attractive to candidates. In fact, 28% of participants in The State of Work-Life Balance in Hong Kong 2013 Survey said flexible time could improve work environments. Staff who have a family to support are usually the ones who seek flexible work arrangments. “When employees request a flexitime arrangement, it is often related to the child care or schooling responsibilities. We see these as win-win policies that support our employees as well as our employer branding,” explains Marlene Chan, Head of Human Resources at Bayer Material Science Ltd. Indeed, flexible working helps in the recruitment and retention of talent. It allows employees to work at times when it best suits them. This lets them accomplish more, leading to increased engagement and commitment. It also provides employees with more choices on how to manage their workload. They can organise their schedule and tasks, especially when they need to be away from work for important private matters. This goes a long way

Cover Story towards achieving a better work-life balance. Some Hong Kong companies have a flexible Friday programme. How does this work? For example, the standard working hours at your organisation are 9:00 am to 6:00 pm, with a one-hour lunch break. Under a Flexi-Friday scheme, employees might work from 8:15 am to 6:00 pm from Monday to Thursday and leave at 3:00 pm on Friday afternoon. The number of hours work per week remains unchanged but on Friday, staff can leave early, avoid the rush-hour commute, and get an early start to the weekend. The result? Your organisation does not suffer a loss in productivity, and you have happier employees. Some organisations found extra savings when letting people work from home and introducing flexible desking. This means they do not need to provide one desk per employee. As a result, this can drastically reduce the amount of office space needed. And in Hong Kong, where spending on office space is among the highest in the world, this can definitely help cut business costs. According to the Regus report, only 36% of Hong Kong professionals have worked remotely – either from home or places outside the office – for at least half of their working week. In comparison, 45% of workers in Singapore, 46% in Taiwan and 53% in mainland China practised remote working.

Barriers and disadvantages Opting for flexible working may affect an employee’s image and career prospects. In some workplace cultures, people – both managers and staff – think that such colleagues are trying to dodge work and are not interested in promotion or furthering their careers. However, this is simply untrue. Choosing flexible arrangements does not imply a lack of professional

ambition or weak commitment to the organisation. On the contrary, flexible working is likely to result in greater commitment and employee retention rates as people enjoy a work setup that better meets their needs. If they can find in your company what is not available elsewhere, why would they want to leave? In addition, supervisors can be reluctant to support flexible work initiatives as they prefer to manage their teams face-to-face. It is partly because this is how they have always worked, plus it can be easier to respond to unexpected events when their team is just around them. Also, informal communication often happens when all members are physically together in one location. This cannot be replicated in a dispersed team. HR policies should address these concerns so that they do not hinder flexible working. One solution would be to provide core hours or a minimum amount of time to be spent in the office and specific team days when everyone has to be present. Managers are also worried that agreeing to one flexitime request means they will have to grant all others. While employers should be reasonable in considering these requests, they can say no if consenting would have an adverse impact on business. In fact, a 2013 survey by XpertHR found that in the United Kingdom, around 20% of requests for flexible work arrangements were declined by employers. Organisations should establish a procedure on how to assess requests for flexible work options. It might be worth implementing them on a trial basis to test their practicality first. Refusing a request for flexible working either before or at the end of a trial period should be handled carefully and sensitively. It is best to always meet with employees to explore how they see the request being put

into practice. Policies should clearly state the grounds on which managers may turn down a request. To avoid accusations of favouritism, at least two people – the immediate supervisor, plus a more senior manager or an HR staff – should be involved in the process. If a request is rejected, try and help employees to understand the reasons for the decision so that even if they are disappointed, they can accept it and move on.

Managing HR policies Here are some key HR issues for organisations exploring flexible work schemes: 1. What forms of flexible working should be available? 2. Who is eligible to request flexible working? 3. How does an employee request flexible working? What is the process for this? 4. The organisation has the right to say yes or no to requests. How do you ensure consistency in granting or refusing requests? 5. What is the minimum service requirement before someone can request flexible working? 6. If an employee is underperforming, can the organisation insist they work from the office so the employee gets the support they need? 7. If someone works part-time, their pay is reduced pro rata. But how can benefits be reduced pro rata? 8. If one job-share partner leaves, what happens to the remaining partner? Bear in mind that should your organisation transition from fixed working hours to flexible working, this will cause changes in employment contracts. Make sure to review your proposals carefully with your employment law adviser to avoid misunderstanding and disagreement. H UMAN R ESOURCES • September 2014

封面專題

彈性還是傳統工作模式？在香港彈性工作有何選擇

People World董事總經理Andrew Sheard

• 彈性工作安排被視為僱主關注僱員福祉的舉措，藉此吸引、挽留及獎勵人才。 • 設計彈性工作安排時，應考慮營運問題及僱員實際需要。

14 H UMAN R ESOURCES • September 2014

封面專題

排工作，盡量提高生產力之餘，又能取得工作與生活平衡。彈性工作安排是其中一個值得認真考慮的解決方案，突破辦公室、店舖或工廠的傳統每週五天、每天八小時的工作時間安排。只要僱員符合工作要求，與主管和同事有效協調，讓他們更有彈性地處理工作量和安排時間表，對公司和員工都可達致雙贏。

支持彈性工作的動力對彈性工作的支持看來與日俱增。非牟利組織社商賢匯在亞洲推動企業社會責任，該會每年進行一項名為「香港生活與工作平衡概況」的調查， 2013 年的研究報告涵蓋 1,048 名全職僱員。報告顯示56%受訪者表示假若新工作可讓他們有更多時間陪伴家人，他們會願意轉換工作；另35%受訪者因為家庭生活的緣故曾考慮或已經辭職。辦公室方案國際服務供應商雷格斯於 2013年進行調查，訪問 95個國家約 20,000名商界高層領袖。調查報告顯示73%香港受訪者認為彈性工作有助提升僱員生產力，另超過

60%認為彈性工作可提高決策質素及速度。此外， 73%受訪者表示彈性工作選擇可讓僱員增強責任感，改善時間管理技巧。

踏出第一步彈性工作安排可包括：彈性上班時間、減少工時/兼職工作、壓縮工時、分擔工作、在家工作、停薪留職及進修假期。有了這些主意，機構如何制訂及實踐計劃？明白到並非所有彈性工作安排都符合機構所需，是計劃的第一步。一些因素或會令機構內部分崗位不宜使用彈性工作安排，例如營運問題、營業時間及輪班工作模式。對人力資源管理專才而言，先行研究彈性工作安排是否適合各個工作崗位，有所幫助。以下例子展示研究清單：工作崗位

減少工時

在家工作

分擔工作

壓縮工時

電話銷售

面對面銷售

財務

諮詢

假若機構設有工會，可跟他們商討有關選擇。另一個方法是編製調查問卷，成立專題小組予以討論，並收集僱員意見，了解哪些措施受歡迎及可行。

年

內，標準工時一直是香港的熱門話題，討論重點在於是否需要推

行，需要支付多少額外工資，以及標準

有關計劃必須得到公司經理支持，尤其是需要負責人事管理的經理，這一點必須緊記。

工作週的定義。然而，討論不應只關乎

裨益及好處

數字，而是花時間在辦公室所產生的影

家庭友善政策對挽留員工非常重要，彈性工作卻是家庭友善政策重要一環。彈性工作亦

響。對於許多上班族來說，這是取得工

可提升僱主品牌，增加機構空缺對求職者的吸引力。事實上，「2013年度香港生活與工

作與生活平衡所需解決的重要課題。

作平衡概況」調查顯示，28%受訪者表示彈性上班時間可改善工作條件。

討論工時制度，可為僱主與僱員提供

尋求彈性工作安排的員工大多需要照顧家庭。Bayer Material Science Ltd人力資源主

契機，更全面檢討工作安排，從質和量

管Marlene Chan解釋：「僱員通常因為照顧孩子或孩子就學事宜，要求彈性上班時間安

兩方面研究。雙方也可考慮如何妥善安

排。我們認為這是雙贏政策，既可支援僱員，又能提升僱主品牌。」 H UMAN R ESOURCES • September 2014

封面專題

事實上，彈性工作安排讓僱員可以在

意承擔責任，也可挽留更多員工。假若

以及一名較高級的經理或人力資源部職

最合適的時間工作，處理更多事情，令

這種待遇別處沒有，他們又何必另尋他

員。如拒絕要求，應嘗試協助僱員理解

他們更投入，更願意承擔，有助聘請及

處？

作決的理據，讓他們即使感到失望，也

挽留人才。

此外，主管人員也許偏好面對面的管

願意接受決定，繼續努力工作。

彈性工作安排讓僱員就如何管理工作

理方式，因而不願意支持彈性工作的點

量，享有更多選擇。碰上因重要私人事

子。原因之一是他們的工作模式一向如

務需要離開工作崗位，僱員可自行安排

此，另外，團隊在他們身邊，就算遇上

機構研究彈性工作計劃時，需處理以下

時間表及工作。這樣對工作與生活之間

突發事情，也能迅速回應。此外，所有

主要人力資源課題：

取得更佳平衡，極有幫助。

成員同處一地，才可進行非正式溝通，

1. 應提供哪些彈性工作模式？

若團隊分散各地工作便無法做到。

2. 誰人符合資格要求彈性工作？

香港某些公司制定了星期五彈性工作計劃。計劃如何運作？舉例說，機構的

人力資源管理政策應正視以上課題，

標準工時為上午 9 時至下午 6 時，當中包

以免它們妨礙彈性工作安排實行。解決

括一小時午膳時間。根據星期五彈性工

方法之一是設定辦公室核心工時、最低

作計劃，僱員可在星期一至四上午 8 時 15

工時或特別團隊日，在這些時段或日子

分至下午 6 時工作，星期五下午 3 時便可

所有員工均須在辦公室工作。

下班。

管理人員也許會憂慮，只要批准一項

推進人力資源政策

3. 僱員該如何提出彈性工作要求？程序如何？

4. 機構有權批准或拒絕要求。如何確保批准或拒絕要求的理據一致？

5. 僱員提出彈性工作要求的最低服務要求是甚麼？

每週工時維持不變，但員工可在星期

彈性上班時間要求，可能需要批准所有

6. 若僱員本身表現欠佳，機構能否堅持

五提早下班，避開繁忙時間的交通擠塞

人的申請。雖說僱主應有理有節地考慮

他們在辦公室工作，以便得到所需支

情況，並可提早享受週末假期。成果如

這些要求，若批准要求會對業務構成不

援？

何？機構既不損失生產力，員工又感到

良影響，他們應該拒絕。事實上，根據

7. 若員工兼職工作，他們的薪酬會按

更愜意。

XpertHR 於 2013 年調查所得，在英國，

比例減少。但福利可以怎樣按比例減

約20%彈性工作安排要求遭僱主拒絕。

少？

有些機構讓員工在家工作及引入彈性

8. 若分擔工作的夥伴其中一人離職，對

工作辦公桌後，由於無需為每名僱員提

機構應制定程序，說明如何評估彈性

供一張辦公桌，大大減少辦公室所需空

工作要求。落實有關程序前，宜先安排

餘下的夥伴有何安排？

間，發覺因而節省了成本。在香港，辦

試行，測試是否實際可行。

請緊記，機構由固定工時過渡至彈性

公室租金開支高昂，全球數一數二，這種安排有助削減營運開支。

測試期前或結束時拒絕彈性工作要求，應小心妥善處理。最好跟僱員會

根據雷格斯報告，香港僅有 36% 專

面，探討他們對於把要求付諸實行有甚

業人士曾於工作週最少一半時間遙距工

麼看法。政策應清楚說明管理人員拒絕

作－在家或辦公室以外的地方。相比之

要求的依據。為免出現偏好個別僱員的

下，遙距工作的僱員在新加坡、台灣及

指控，批核工作應由最少兩

中國內地分別佔45%、46%及53%。

人處理－直屬主管

障礙及缺點選擇彈性工作或會影響僱員形象及就業前景。在某些職場文化，經理及員工都會認為這類同事有意躲懶，對晉升或事業發展不感興趣。然而，事實卻不然。選擇彈性工作安排並不代表缺乏事業心或對公司沒有承擔。相反，透過彈性工作，僱員的工作安排更符合個人需要，可能令僱員更願 16 H UMAN R ESOURCES • September 2014

工作模式，僱傭合約需作出更改。確保與僱傭法律顧問仔細審閱建議，避免誤解及意見分歧。註：此乃中文譯本，一切內容以英文版本為準。

Learning and Development

Pitch Perfect: How Voice Matters in Creating Executive Presence By David Pope, Managing Director, All Voice Talent Ltd Catherine Macer, Associate Director, All Voice Talent Ltd

• A vital yet often over-looked quality of executive presence is voice: vocal power, confidence and control. • Once you understand how others actually hear you, the way you speak will change. H UMAN R ESOURCES • September 2014

Learning and Development

n today’s business world, executive presence or EP is the must-have “X factor” for staff who are part of the succession pipeline and a given for already successful C-suite executives. In Executive Presence: The Missing Link Between Merit and Success, author Sylvia Ann Hewlett writes that EP depends on three factors: 1. how you act (gravitas) 2. how you speak (communication) 3. how you look (appearance) With its blend of confidence, sophistication and professionalism, EP complements excellent business acumen and an impressive track record. It is a collection of soft skills that forges lasting work relationships and gives executives leverage as the public face of the company. Understanding this, HR professionals can direct resources towards training projects aimed at bolstering EP in order to offer top management and potential leaders an opportunity to enhance their executive standing for their own growth and the benefit of the company as a whole. Glenn Llopis, a business strategist and contributor to Forbes Magazine, describes EP as “one’s ability to create a moment; an experience that ignites others to want to know more about you, your personal brand and your business”.

Finding your voice How you use your voice to communicate is critical to creating that “moment”. Yet surprisingly, it is given only minor consideration within the executive coaching package. Vocal performance, however, is a vital weapon in your executive armoury, as it directly affects how your message will be received. How something is said is equally, if not more, significant than the words themselves. Often, the impact of a 18 H UMAN R ESOURCES • September 2014

clever pitch or a well-written speech is weakened by poor vocal delivery. If your vocal quality is poor – too hurried and quiet, with unnatural intonation and stress – the message could fail to reach its audience. This happens not only during important speeches and presentations, but also with everyday tasks at the workplace, like making telephone calls or sharing ideas in a meeting. If your voice does not support your message, your ability to command attention is diminished, and so is your stake in the exchange. This could result in unfavourable outcomes, such as failing a business pitch, losing a client, and ultimately, missing out on income. To illustrate the importance of voice, let’s imagine a typical scenario. A Vice-President for HR is trying to persuade the Chief Executive Officer to approve a new training initiative, and the PowerPoint script goes this way: “Why should we offer this leadership programme to our senior executives? Because it encourages crossfertilisation of ideas and skills in an environment that challenges them to step up. Because it encourages out-ofthe-box thinking and its applications in new global arenas. Because it fosters cross-cultural collaboration and contributes to our corporate social responsibility agenda.” This pitch can be delivered in two ways. The first is with uncertainty – nervous, hurried and without pauses – demonstrating that all-too-common fear of speaking before a new audience. The phrases that should have punch fall flat, the power of the message is deflated, and listeners have switched off. After all, a hesitant voice appealing for backing will not convince a skeptical leader. The second way is to speak calmly,

with a pitch and tone expressing conviction, pausing for emphasis and audience reaction. This is the voice that commands respect and inspires confidence. It will also attract the support and interest of the audience. Listeners can usually identify certain strengths and weaknesses in each address. But for voice experts, one of the primary differences is vocal “colour”. This is determined by the position of the larynx – the upper part of the respiratory tract that leads from the throat to the lungs – and whether it is raised or lowered for effect. The larynx is commonly known as the “voice box” because it contains the vocal cords. Vocal colour is just one of the fascinating concepts that voice coaches can teach executives. If we liken voice to an instrument, then vocal colour describes its timbre or tone: the highs and lows of its range and everything in between. Sometimes, executives tend to speak in monotone when they want to be perceived as professional and serious. What they should do instead is to employ their voice’s natural range, deliberately using the highs and lows as they speak. This brings their delivery to life and engages listeners. Some speakers may choose to alter the colour of their voice for a specific effect. If a speaker consciously lowers his/her larynx, his/her voice will become deeper with more rounded tones. This is called a “darker” voice. For example, Baroness Margaret Thatcher, who was Prime Minister of the United Kingdom from 1979 to 1990, deliberately darkened her voice. This lent gravity to her words, allowing her to exude greater authority. Many female newsreaders adopt this technique, too. Some voice coaching programmes make use of professional recording

Learning and Development

studios to introduce participants to the sound of their voice. Through a series of practical exercises that explore the subtleties of vocal use, participants confront how others hear them. This way, most of them can recognise the pros and cons of their voice – often for the first time. Hearing yourself can be challenging, especially through headphones and in stereo. It can take you out of your comfort zone, but in a good way. People frequently say, “I hate the sound of my own voice”. And yet it is precisely by listening to your voice that you can befriend it and use it to your advantage. For many, this experience becomes the “Aha!” moment, when they finally realise the actual influence that their voice can have on other people. At this point, mastery of the voice begins.

The power of the pause The vocal subtleties that voice coaching can improve include: 1. tone 2. pitch 3. intonation 4. pacing 5. emphasis 6. pausing for effect These are the building blocks of good vocal technique. Skilled voice coaches break them down, offering participants an in-depth experience of each element. The art of the pause is a helpful lesson. When used correctly, pauses can be very powerful because they give words more weight and allow the audience to reflect. They also lend the speaker an air of confidence, showing that he/she is secure enough to hold a silence. This ability translates to authority. There are various kinds of pauses,

such as: 1. the sentence pause 2. the paragraph pause 3. the emphasis pause 4. the rhetorical question pause 5. the comma pause (between words or phrases) 6. the breather pause (to take a drink or check your notes) 7. the dramatic pause (for suspense) 8. the punch-line pause (before and after a joke or the punch line to a funny story) 9. the power pause (an expectant pause at the beginning of a speech) Once they understand the use of pauses, executives can translate this into positive action that can do wonders in a sales pitch, webinar or teleconference. Take the case of Chief Information Officer Darren Wilson (an alias), who regularly makes PowerPoint presentations to large groups. “I used to be very uncomfortable with silences. So I tended to speak fast, pausing only to take a breath, or click on the next slide. Presenting like this was very unsatisfactory for me as I could often see the audience losing interest,” he shares. Mr Wilson’s situation is quite common among executives whose work involves making presentations. To address this issue, here is a simple exercise that you can follow, with a little help from a voice recorder (most smartphones have this function) and a prepared script:

1. Step 1 Remove all the punctuation from your script. 2. Step 2 Record the speech without punctuation or paying attention to the pauses.

3. Step 3 Listen to the speech and see if you can hear where the pauses need to go. 4. Step 4 Mark the script with these pauses accordingly. 5. Step 5 Record again, and then compare the two recordings. By doing this activity, speakers can understand where breaks naturally occur and how to build them into the text.

Assembling the executive toolkit Everyone will face a different set of challenges in improving his/her vocal power. By understanding your own voice better, you add a vital tool to your executive skill set. Finding your voice, feeling its true power, and knowing its actual impact raises your confidence and performance, which in turn boost your EP. You can also expect an improvement in your reputation and other areas of your life. John Markham (an alias) is a Sales and Marketing Manager who frequently speaks at events around the Asia-Pacific region. Though he is comfortable in the role, working with a vocal coach taught him to better control his vocal ability. “I could hear nuances in my voice that I never knew existed. Now, I am far more able to gauge the effect of my voice when dealing with clients,” he says. Robert Broad, Vice President of Weber Shandwick, an international public relations firm, agrees. “It was gratifying to gain an awareness of my voice and how it can work for and against me in different scenarios. It was great to learn the techniques of control. I walked away thinking about how I could incorporate these lessons into all aspects of my working life.” H UMAN R ESOURCES • September 2014

HR Strategy

To Move or Not To Move: Latest Trends and Development in Overseas Assignments By Eileen C Ang

• Expats have played key roles in Hong Kong businesses, but their roles and demographics have evolved. • Aside from location, career options, family concerns and post-assignment prospects are the top concerns of expats when deciding whether to move or stay put. 20 H UMAN R ESOURCES • September 2014

September 2012 •

n the past, overseas postings were often seen as both a promotion and a financial opportunity. Yet in recent years, global economic uncertainty has seen companies seeking ways to make expatriate packages more cost-efficient. However, this can lessen their attractiveness to prospective overseas assignees – something that can affect their attitude and performance in the long term. Less support from an organisation at the start of an assignment can make settling into a new location far more of a chore than necessary. Even minor things, such as difficulties in coming to terms with a different language, can put a person off a place. If the disappointments mount, and the employees feel they are “on their own” when it comes to resolving issues, the resentment can become permanent. That can translate directly into less enthusiasm at the office and even fuel a desire to cut the assignment short and return home.

Expat demographics “In the past, expats were mainly people from the West who relocated to Asia to work in less-developed countries. These days, more and more companies are now sending employees out from Asia as they expand to other markets,” says Mr Lee Quane, ECA International’s Regional Director for Asia. “Since the beginning of the millennium, there has been a rapid growth in the number of companies based in emerging countries that are sending their own employees to other countries within their region and even further afield – from Korea or Taiwan to China or Vietnam, or from China to Africa,” he adds. Around 62% of companies surveyed by ECA anticipated growth in their assignee workforces. The

China Focus HR Strategy

overwhelming majority (86%) cited developing international operations as the main reason, while 42% noted the lack of qualified local staff as driver, especially in growing markets. There is more variety in terms of the types of assignment. It can be the traditional long-term assignment that may last for two to five years, or a short-term project that lasts for a few months. There is also a different kind of engagement – so-called “commuter assignment”, where the assignee’s principal residence remains in their home country, they are unaccompanied, and return home at frequent intervals. The assignee demographic is evolving. Before, the majority of assignees were men, and frequently in senior roles. Today, assignees include far more women. This is true even in traditionally conservative Asia, where gender is still a factor in business. Twenty years ago, female assignees comprised on average only 6% of the expatriate workforce. Today, the corresponding percentage has more than doubled, according to ECA’s Managing Mobility Survey. The age profile has also changed, with a growing number of younger assignees being posted to overseas locations. The reason is partly cultural: many companies use assignments as part of an overall talent development programme to give newer joiners a chance to gain valuable experience. Another reason could be technical. In many industries, especially technology firms and tech-driven businesses, the average employee age tends to be in the lower end of the spectrum, so assignees are younger. Younger employees are less likely to have dependents, so sending them on assignment is an attractive option. They need not be concerned with H UMAN R ESOURCES • September 2014

HR Strategy

a partner’s career or the children’s education. Also, the benefits package would not be so costly, as the company does not have to spend for children’s schooling and provide accommodations big enough to house an entire family. The nationality of the assignees has become less predictable, too, according to Mr Quane. “It is no longer valid to expect a Dutch company, for example, to only send Dutch nationals overseas. As companies widen their search for talent, they are quite likely to send other nationalities as well. This puts additional pressure on how a business manages and creates equitable expatriate pay packages,” he says.

are likely to stay for a long time. There is also a cost advantage in hiring a local from overseas rather than assigning an expat. Although in a mature market such as Hong Kong, the difference between an expat package and a local salary today is far less than it has been in the past. Hong Kong is no longer a “hardship posting” for Westerners. And with the advent of the Internet, keeping in touch with friends and family around the globe can be almost as simple and satisfying as before their assignment. For the increasing numbers of Mainland Chinese who are working in Hong Kong, it can be almost indistinguishable from home.

Evolving expat roles

Why relocate?

Expats have always been an important factor for businesses. Senior management roles were often filled by expats from the headquarter country, although at present, the trend towards localisation has made this the exception in Hong Kong rather than the rule.

As one of the world’s most prominent financial hubs, Hong Kong competes with neighbouring countries for overseas talent. Companies seeking to do business with mainland China use it as a base of operations because of its proximity and hard-to-top advantages, including its abundant facilities, varied social networks, and efficient transport links. With the kind of comfortable lifestyle and lively environment it has to offer, it is no wonder that Hong Kong remains an important and popular expat centre.

These days, expats are more often seen as a way to enable firms to quickly inject essential expertise or specialist talent into geography, or support growth. Because different markets mature at different rates, this has meant that today, expats can come from almost anywhere. In some geographies, the war for talent is so fierce that the only way to fill certain posts is to look overseas, although this can be an expensive option. Accordingly, many countries in Asia have launched government programmes designed to encourage locals working overseas to return home. This brings experienced individuals back to the workforce – people who integrate seamlessly and 22 H UMAN R ESOURCES • September 2014

In fact, it retains this distinction even though it is still a pricey assignment location. According to ECA’s most recent ECA’s Cost of Living Survey, released in June 2014, Hong Kong is the 29th most expensive globally and 8th priciest regionally (Asia-Pacific) in terms of living expenses for expats. Hong Kong also has the highest rent prices for accommodation in

the world, taking the number one spot in latest ECA’s Accommodation Survey, released in March 2014, which is based on housing data from 180 locations in 93 countries. Rental fees for unfurnished three-bedroom flats in popular areas average US$11,444 or nearly HK$88,695 a month. But, as Mr Quane points out, when expats are considering the pros and cons of an assignment opportunity, there are other factors to consider aside from location.

1. Career opportunities Career opportunities typically top the list, with people looking for new experiences and more responsibilities. International experience can be a useful or even a crucial tool when it comes to climbing the corporate ladder.

2. Family For expats who have families, they need to be realistic about the ability and willingness of their partner as well as their children to adapt to living in a new location. This can be further complicated by career issues on the part of their partner, the availability of schools for children and, in some cases, security concerns.

3. Post-assignment future Savvy expats should also be aware of the potential difficulties after returning to their home countries. Will there be a role for them when they return? Will they feel like a “small fish” in a big pond after spending time as a “big fish” in a smaller pond overseas? These are just some factors that they should ponder. To devise global mobility policies that attract the talent they need to do business effectively, companies should digest these issues and other aspects of the expat remuneration package.

September 2012 •

China Focus HR Strategy

Successful Relocation Provision Companies looking to make savings often cut spending associated with relocation provision. Yet it is clear from responses to ECA’s recent International Relocation Benefits Survey that relocation support is still considered a worthy investment.

Travel • Economy class is now the most common form of travel for all levels of seniority for flights lasting no more than three hours. • Three quarters of Asia-headquartered companies still allow senior managers to use business class for flights of over eight hours.

Look-see visits • Globally, up to 72% of companies surveyed provide look-see visits, usually lasting five to seven days. More than 80% also pay for the spouse/partner to accompany the potential assignee on the visit. • The percentage of Asian-based companies providing look-see visits is lower (57%), likely a reflection of their assignee workforces being generally less cosmopolitan and a higher proportion of assignments likely to be unaccompanied.

Temporary accommodation • Most Asian-based companies (72%) provide temporary accommodation at the beginning of the assignment; 40% also provide it at the end. • The typical maximum stay in temporary accommodation is 31 days, although in some cases, 90 days was cited.

Settling-in • Over 65% of Asian-headquartered companies surveyed pay an allowance at the beginning of the assignment to cover the miscellaneous expenses associated with the move (eg kitchen utensils, bedding packs, etc). Of these, a third pay the allowance at the end as well. • Nearly all companies help their expats in obtaining visas and work permits. Other immigration assistance includes: residence permits (66%), compulsory vaccinations (47%) and passport applications (47%).

H UMAN R ESOURCES • September 2014

China Focus

Interpreting Draft Regulations on Service Invention By Karen Zhang, Associate, Price Cao Kanji PRC Lawyers

• The draft Regulations on Service Invention provide guidelines on service invention, rights of employers as entities and employees as inventors, as well as the handling of award and compensation for inventors. • Disputes may arise over the ownership of service inventions and related award/ remuneration for inventors, so it is best that agreements be reached before commencing an invention project. 24 H UMAN R ESOURCES • September 2014

China Focus

Regulations on Service Invention (draft regulations), which aim at offering detailed and practical criteria that can address those issues. The proposed rules are designed to encourage service inventions, as well as balancing the interests and safeguarding the rights of both employers and employees. The draft regulations are still up for consultation, so they may undergo further revisions. If passed into law, they would apply to all sectors, including manufacturing. This could have an impact on Hong Kong companies that have production facilities in mainland China.

Service invention According to Article 7 of the draft regulations, the following shall be considered a service invention: 1. an invention made within the scope of an inventor’s work; 2. an invention made beyond the scope of an inventor’s work, which is assigned to him/her by an entity to which the inventor belongs;

hina’s Patent Law provides guiding principles on service invention, but the lack of operability may result in conflicts between employers (an entity) and employee inventors that are hard to settle. These disputes, which range from the ownership of service inventions to the inventor’s award and remuneration, can affect employees’ enthusiasm in their creations and make securing the rights to new inventions challenging for the employers. In March 2014, the State Intellectual Property Office published draft

3. an invention made mainly by using the material and technical conditions of an entity, such as money, equipment, spare parts, raw materials, technical documents which are not open to the public, except that there is an agreement on returning funds or usage fees to the entity, or using the material and technical conditions of the entity merely for verification or testing upon completion; or 4. an invention made within one year from an inventor’s retirement, resignation or termination of labour or interpersonal relationships with the entity to which the inventor previously belonged, where the invention is made within the scope of the inventor’s work or other tasks assigned to the inventor by the entity.

Criteria for being an inventor An inventor refers to any person who makes creative contributions to the substantive features of an invention. A person who is responsible only for organisation and management work, or who only offers facilities for making use of material and technical conditions, or who takes part in other auxiliary functions shall not be considered as an inventor. An inventor can be either a full-time employee or a part-time worker of an entity.

Rights of entities and inventors The ownership of a service invention, in general, belongs to an entity. The entity has the right to apply for intellectual property rights, publish it, or protect it as trade secret. In addition, the entity has the right to implement the service invention by itself, or license others to implement or transfer the service invention without the permission of the inventor. An inventor’s right is limited to the right of inventorship and receiving award and remuneration. Should an inventor’s employment end, he/she still has the right to claim inventorship and receive award and remuneration. The entity, however, should protect the inventor’s inventorship. Failing to identify the inventor’s name or adding any other name as an inventor is considered a violation of inventorship. This may result in the entity being fined for the breach.

Inventor’s compensation When an entity gains intellectual property rights to a service invention, the inventor shall be granted award in a timely manner. Once an entity transfers, licenses others to implement, or implements the service invention on its own, it shall pay H UMAN R ESOURCES • September 2014

China Focus a reasonable remuneration according to the economic benefits yielded and the contribution of the inventor. An entity could determine the manner of payment or work with the inventor to set the terms. If there is more than one inventor, an entity can formulate the criteria for paying the amount of award and remuneration for different inventors based on their contribution to the service invention.

Autonomy of will An entity can establish its own policies about the application process, manner, amount, and time limit for paying award and remuneration. An inventor and an entity can also come to an agreement about the ownership of an invention created from an entity’s material and technical conditions. Such policies or agreements should be in accordance with the draft regulations and other applicable rules to ensure the rights of entities and inventors separately.

Problem areas and recommended solutions The draft regulations not only cover court filings, but also set out a new provision on service invention disputes. If there is any disagreement over ownership after applying for the intellectual property rights to the invention, the procedure concerning the invention would be suspended by the authority of intellectual property rights upon the request of concerned party. Some possible conflicts regarding service invention include:

1. Invention ownership According to the draft regulations, an invention made mainly using an entity’s material and technical conditions is considered as a service invention. However, it is difficult to quantify “mainly”. For example, an 26 H UMAN R ESOURCES • September 2014

inventor may use a lot of an entity’s technical and material resources for an invention. But if the key part of the invention is totally based on an inventor’s technical skills and input, it becomes tricky to figure out if the materials constitute the main part of the whole invention. To avoid doubt and conflict, an entity should devise reasonable rules governing employees’ invention initiatives. An entity can also negotiate with its staff and reach an agreement about service inventions before beginning a project.

2. Award and remuneration Disputes over an invention may lead to the suspension of authority procedure and benefit loss for an entity. The entity should give an inventor the full amount of his/her award and remuneration in a timely manner. An entity should develop its own guidelines for the application process, manner, amount, and time limit for paying award and remuneration to sidestep disagreements over money. This should be done as early as possible, ideally before beginning any invention projects. To ensure that employees remain motivated and interested in inventing, these policies should provide a speedy and simple procedure and give inventors reasonable payment for their efforts. At present, employers can use the proposed rules as a guide when drawing up their policies. They can make adjustments after the draft regulations become law.

3. Inventor quits from the entity If an inventor finishes an invention within one year after leaving an entity (a previous employer) and the invention is related to the scope of the work or other tasks assigned by the previous employer, it will be considered a service invention of the inventor’s previous employer.

In such case, the entity may find it difficult to claim the right. If an inventor’s next employer belongs to the same or a similar industry, the previous employer’s trade secrets can be disclosed quite easily. Therefore, it is better that an entity stipulates an inventor’s obligation to keep trade secrets confidential. It should also clarify the consequences for inventors who violate the agreement, such as having to return the award or remuneration and paying liquidated damages. An entity could also request an exiting employee to sign a confidentiality, noncompete agreement that will restrict his/her use of the entity’s resources for inventions aside from what the entity has assigned. The employee shall also keep the entity’s trade secrets and not accept a job with other entities in the same industry or that engage in similar work as his/her previous employer. The terms for such an agreement should last for at least one year, but subject to actual needs.

Conclusion The draft regulations clarify the criteria for service invention and specify the rights and obligations of employee inventors and the entities that hire them, making intellectual property laws more practical. However, the proposed rules have some vague points that can cause problems between entities and inventors. In addition, the parties concerned have the autonomy to make further or different agreements under the draft rules. It is worthwhile to note, however, that legislation favours entities since they have the right to establish detailed policies that could be preemptive. Nevertheless, entities should formulate in-house guidelines or agree with the inventors in advance to protect themselves against any losses in accordance with the related and applicable rules.

September 2012 • China 中國焦點 Focus

《職務發明條例草案》的詮釋

Price Cao Kanji PRC Lawyers 律師張晶晶

• 《職務發明條例草案》就職務發明、僱主作為單位的權利、僱員作為發明人的權利，以及向發明人提供獎勵和補償的處理方法，給予指引。 • 就職務發明的擁有權及相關獎勵/報酬有機會出現糾紛，因此宜在發明項目開展前達成共識。

中

國《專利法》就職務發明提供了

2 014 年 3 月，國家知識產權局發表

指導原則，但由於執行時缺乏實

《職務發明條例草案》(條例草案)，旨在

質指引，有機會導致僱主(單位)與僱員(發

提供詳細而實用的準則，解決那些問題。

職務發明

明人)之間出現難以解決的衝突。這些糾

草擬規定在於鼓勵職務發明、平衡僱主和

根據《條例草案》第七條，以下屬於職務

紛的範圍從職務發明擁有權，以致給發明

僱員雙方利益，以及保障雙方的權利。

發明：

人的獎勵和報酬，足以影響僱員對創作的

《條例草案》仍在諮詢階段，或會再作

熱忱，對僱主取得新發明的權利也帶來挑

修改。如獲通過成為法例，將適用於包括

戰。

製造業在內所有行業，對於在中國內地設

有生產線的港資公司或會構成影響。

1. 在本職工作完成的發明； 2. 履行單位在本職工作以外分配的任務所完成的發明； H UMAN R ESOURCES • September 2014

中國焦點

3. 主要利用本單位的資金、設備、零部

如果發明人多於一人，單位可以根據

明保持積極態度且興趣不減，這些政策應

件、原材料、或者不對外公開的技術

各人對職務發明的貢獻訂立準則，決定

提供一套簡單快捷的程序，並給予發明人

資料等物料和技術條件完成的發明，

各個發明人應得的獎勵和報酬。

合理報酬，回報他們的努力。

但約定歸還資金或者支付使用費，或者僅在完成後利用單位的物料和技術

自主權

條件驗證或者測試則除外；或

單位可以就給予獎勵和報酬的申請過

4. 於之前所屬原單位退休、離職或者終止勞動/人事關係後一年內作出的發明，而發明與在原單位承擔的本職工作或者原單位分配的任務有關。

程、方式、金額和期限自訂政策。對於

目前，僱主制定政策時，可參考《條例草案》的規定作為指引，並於《條例草案》通過成為法例後再作修改。

利用單位的物料和技術條件所創造的發

3. 發明人離職

明其擁有權屬誰，發明人與單位亦可自

如果發明人離開單位(前僱主)後一年內完

行協商。

成發明，而該項發明與其工作範疇或前

這些政策或協議須符合《條例草案》

僱主所分配的其他任務有關，則該項發

成為發明人的準則

及其他有關適用規定，確保單位和發明

明會被視為屬於該發明人前僱主的職務

發明人是指任何對發明的實質特點作出

人的權利各自獲得保障。

發明。

創造性質貢獻的人。過程中只負責組織和管理工作的人、為物料和技術條件的使用提供方便的人，又或者從事其他輔助工作的人，均不會被視為發明人。發明人可以是單位的全職或兼職僱

主要問題及建議解決方案

此情況下，單位要爭取相關權利可能相當困難。如果發明人的新任僱主屬於

《條例草案》不僅涵蓋呈交法庭的文

相同或類似行業，洩露前僱主的商業秘

件，亦為職務發明糾紛作出新規定。如

密便相當容易。

果就發明提交知識產權申請後，雙方對擁有權出現爭議，知識產權機關可應當事人要求，停止審核發明申請的程序。

因此，單位宜訂明發明人肩負保守商業秘密的責任，同時說明發明人違反協議的後果，例如須償還獎勵或報酬，以

員。

可能出現的職務發明爭議包括：

單位及發明人的權利

1. 發明擁有權

一般情況下，職務發明的擁有權歸於單

根據《條例草案》，主要利用單位的物

不競爭協議，限制他/她除了已獲單位分

位。單位享有申請知識產權、公開發明

料和技術條件所創造的發明，屬於職務

配的資源外，不得使用單位的其他資源

或保障發明作為商業秘密的權利。此

發明。然而，要量化「主要」，並非易

作發明之用。就單位的商業秘密僱員也

外，單位有權自行實施職務發明、授權

事。舉例，發明人可能為創造某項發明

必須保密，並且不得受聘於同行或者與

他人實施或轉讓職務發明，無須先行獲

利用了單位大量技術和物資。可是，如

前僱主從事類似業務的單位。這類協議

得發明人允許。

果發明的關鍵部分全賴發明人的技術和

的有效期應該最少持續一年，但可因應

努力投入，要辨別有關物資是否構成整

實際需要制定。

發明人的權利，僅限於署名權與收取獎勵和報酬的權利。如發明人的僱傭關係

單位也可以要求離職僱員簽署保密及

項發明的主要部分，相當困難。

結束，他/她仍有權獲得署名權，以及獎

為免產生疑問和衝突，單位應制定合

勵和報酬。然而，單位應保護發明人的署

理的規則，管理僱員的發明項目。單位

名權。未能列出發明人的名字，或加上任

亦可以在項目開展之前，與員工商討，

何其他名字為發明人，均屬違反署名權。

就職務發明先行達成協議。

有關單位或會因違規而被罰款。

及支付損害賠償。

2. 獎勵及報酬

總結《條例草案》說明職務發明的準則，並訂明僱員發明人及僱用他們的單位享有的權利和義務，更切實執行知識產權法例。然而，草擬規定存在含糊之處，可導致單位與發明人之間出現問題。

發明人的報酬

如對發明出現爭議，有機會導致當局中

此外，根據《條例草案》，有關各

如單位因職務發明獲得知識產權，須及

止有關申請程序，令單位蒙受利益上的

方有權自行訂立進一步或不同的協議。

時向發明人給予獎勵。

損失。單位應及時向發明人悉數支付獎

然而，單位有權制定具體政策，可先發

勵和報酬。

制人，法例對單位是有利的，這一點值

單位若轉讓、授權他人實施或自行實施職務發明，須按照從中獲取的經濟效

單位應就支付獎勵和報酬的申請過

得注意。無論如何，單位應制定內部指

益及發明人的貢獻，支付合理的報酬。

程、方式、金額和期限自行制定準則，避

引，或事先與發明人達成共識，方可避

單位可釐定付款方式，或與發明人一起

免出現金錢爭拗。這項措施應儘早進行，

免因相關法規的應用而蒙受損失。

訂立相關條款。

最好是發明項目開展前。為確保僱員對發

註：此乃中文譯本，一切內容以英文版本為準。

28 H UMAN R ESOURCES • September 2014

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HR Toolbox

Communicating the “Human” in HR By Frank Liu, Communication and Corporate Etiquette Consultant, English Training Company Lydia Wan, Leadership Coach and Professional Image Consultant, Flair Personal Leadership Consulting

• HR communication is necessary to build trust in an organisation, promote employee engagement and enhance employer branding. • Successful communication approach should reflect and be consistent with company values. 30 H UMAN R ESOURCES • September 2014

HR Toolbox consider changing your writing style. The way HR communicates its messages is influential in developing trust between management and staff. It can also promote engagement among employees.

1. Done.

This is particularly important when introducing changes at work. For example, HR needs to inform employees about a revised medical benefits scheme. If you are not careful, they might believe the company is just trying to save money. And even if it were true, this should be announced in a way that the workforce does not end up thinking the cuts come at their expense.

Of course, a lot depends on the context of the exchange. But in general, these responses sound indifferent and rude, as if the writer could not be bothered to extend some courtesy and kindness. Unsurprisingly, these create a poor impression of the writer and the company culture.

HR communication should be consistent with company values. Sourcing firm Li & Fung is all about being “humble, resourceful and innovative”. For airline Cathay Pacific, it’s “Service Straight from the Heart”. Banking and financial services group HSBC puts a premium on being “Dependable, Open and Connected”. If you are unsure about how you should sound in writing, just refer to the company values and adjust accordingly.

t is quite strange that HR means “human resources” when HR communications can often be anything but human. In fact, the language used in reports, memos, emails, and other documents can come across as cold and rigid. One reason for this is the widespread use of formulaic English, stiff jargon and clichéd expressions. Instead of sounding like a person reaching out to others, you can sound like a robot programmed to say token lines. Because HR communication represents your company’s “voice”, it greatly influences the image that your organisation wants to project. To create a favourable perception of your company (and of yourself),

The secret is to sound more “human”. You can do this by writing in a more conversational way. However, this can be incredibly hard for some people, because they are so familiar and too comfortable with their usual approach. While that is understandable, it is not too difficult to modify your style.

Short but sweet We have all probably felt somewhat dejected and disappointed after receiving answers that were too abrupt. You may wonder, “But isn’t it more important just to be brief and concise?” Not necessarily. There is a fine line between brevity and brusqueness. Below are some common replies that could be perceived as impolite:

2. Noted. 3. For your comment. 4. We have no objections. 5. We have no further comments.

In addition, emails and other documents that are too short do not provide enough details. And yet, many emails are too lengthy but unclear. Actually, writing concisely takes longer because you take word count and choice into consideration. But your efforts will pay off, as crisp but considerate emails share information efficiently and show that you respect your readers’ time. Here is an exercise that you may find useful. Make these sentences 20% to 30% shorter. 1. Mary never paid any attention to the HR reports she received each month, because staff turnover was always so high and the reports always arrived several weeks after she actually needed the data. (34 words) 2. A major problem with our policies and procedures is that managers and staff find it extremely hard to find the right piece of information. It is scattered all over the intranet in different places and written in very wordy sentences and filled with jargon. (44 words) How did you do? Here are the more concise versions: 1. Mary ignored the monthly HR reports for two main reasons. Staff turnover was always too high, and the reports arrived too late for her. (25 words) H UMAN R ESOURCES • September 2014

HR Toolbox 2. A major problem with our policies and procedures is that employees have a difficult time finding the information they need. It is hard to read and scattered across the intranet. (31 words)

Up close and personal How do you want to be seen in the workplace? Enthusiastic? Knowledgeable? Whatever image you have in mind, you can construct it through writing. Remember, sending out written material is like giving a presentation or attending a job interview. Your audience will assess your ability to do the job via your writing style. HR communication can help build rapport among colleagues, managers/leaders and clients. Your use of language can convey warmth, making people feel like they are having a personal conversation with you. Cultivating goodwill helps when you have to ask for favours or need immediate replies to your urgent requests or emails. If you have always been helpful and enthusiastic to others, people are more likely to respond and assist you in return. Writing well takes practice, so you cannot leave it to chance. Here are some suggestions on how to fine-tune your writing style:

1. Responding to ideas and proposals a. Be supportive – Sounds great! b. Be pleasant – Definitely works for me. c. Be complimentary – Your idea will really help./I’m sure you’ll succeed.

2. Responding to emotions a. Show empathy – You suggested some good ideas about… b. Show agreement – You’re right about... c. Show openness – I can certainly understand your point of 32 H UMAN R ESOURCES • September 2014

view./Can we discuss (area of disagreement) further and see how we can work it out?

3. Getting opinions a. Ask open-ended questions – What do you think of…? b. Sound keen – I’d appreciate your thoughts on… c. Express encouragement – I’d really welcome your input on… /Your views on (topic)… would be very helpful.

4. Persuading people to change a. Explain advantages – You can benefit by …/This opportunity will… and allow you to… b. Offer assistance – If we could discuss… I’d be happy to help you… c. Make it manageable – The first step is… /All we need to do is…

Public presence An eye-catching, well-written recruitment advert can spell the difference between luring top candidates and attracting mediocre ones. You are fighting to get the best talent, so your offer must stand out. To accomplish that, here are five quick tips: 1. Pique readers’ curiosity with a succinct headline. 2. Use short and easy-to-read sentences. 3. Sell the position and the organisation in the first 25 to 50 words. 4. Include something new, challenging or unique (eg, “an outstanding opportunity”). 5. Small companies can boost their employer brand by choosing positive words such as “young” and “vibrant”. Remember, job descriptions are not job adverts. A list of duties and responsibilities is not compelling enough to draw interest. Instead, your adverts must speak volumes about

your company by highlighting the culture, values and other things that make it a great place to work.

House style A style guide can boost the quality and consistency of your company’s communications. It can also give your documents a more professional polish. Best of all, it can reduce arguments because it details definitive rules on vocabulary, capitalisation, data formats, among others. Unfortunately, many organisations do not have a style guide. Here are some suggestions on how to create it: 1. Clarify what your company values are and how they should be reflected in communications. 2. Involve your colleagues, especially those who excel at writing, in the process. Ask them for relevant comments and suggestions. 3. Seek advice from a copywriter or a training consultancy. They can spot things that your untrained eye cannot. 4. Start with a simple manual – four pages would do. 5. Distribute the style guide among employees and make sure they use it. 6. Designate “writing champions” who can monitor and recommend changes to your house style when necessary. HR professionals should collaborate with the communications manager/ team. If your company does not have one, you can hire a professional writer to produce some templates to get you started.

Conclusion HR communication is essentially about managing behaviour and relationships in the workplace. For it to be an effective tool in building trust and engagement, it should be consistent and have a place at the core of organisational life.

September 2012 • China Focus Legal Highlight

Blind Adverts and Fair Recruitment Practices By Adam Hugill, Partner, Oldham, Li & Nie

• Blind recruitment adverts are prohibited because they can be used to covertly gather personal data that could be used for identity theft, direct marketing or fraudulent activities. • Blind adverts that simply ask applicants to contact a number, email address or website to get more information about the employer or to obtain an application form that identifies the employer are allowed.

he use of blind adverts for new hires was recently investigated and condemned by the Office of the Privacy Commissioner for Personal Data (PCPD). The Privacy Commissioner detailed the PCPD’s findings in a report entitled Unfair Collection of Personal Data by the Use of “Blind” Recruitment Advertisement (the Report).

What is a blind recruitment advert? A blind recruitment advert is an advert that: - does not identify the name of the employer or a recruitment agent; and - solicits applicants to provide personal data to a potential employer, for example, by asking applicants to submit their curricula vitae (CVs) or résumés.

Why are blind recruitment adverts prohibited? The Personal Data (Privacy) Ordinance (the Ordinance) lists six Data Protection Principles (DPP) to ensure fair information practices. These are: 1. DDP 1: the lawful and fair collection of data with individuals

being informed of the purpose for which their data is collected and used; 2. DDP 2: ensuring the accuracy of personal data and deleting data once its purpose has been fulfilled; 3. DPP 3: using data for only the purpose for which it was collected, unless express consent is given for the data to be used for another purpose; 4. DPP 4: ensuring that personal data is protected against unauthorised or accidental access, processing or erasure; 5. DPP 5: the formulation of policies and practices in relation to personal data; and 6. DPP 6: granting individuals the right of access to and correction of their personal data. DPP 1(2) requires that personal data be collected by means that are lawful and fair. It is unfair for persons collecting personal data to not identify themselves. Coupled with this, the PCPD’s Code of Practice on Human Resource Management (the Code) issued in 2000 specifically warns against the use of blind adverts that solicit personal information. In addition, DPP 6 grants individuals

the right to access and correct their personal information held by data users. Job applicants who provided personal data in response to blind recruitment adverts would not be able to exercise this right because they do not know the entity that is holding their personal data. Blind adverts appear to have met the Privacy Commissioner’s ire because of a very real risk – that they become an unscrupulous way to collect personal data that could then be used for identity theft, direct marketing or fraudulent activities. Résumés or CVs typically include the name of applicant (sometimes also the maiden name or alias), address, email, telephone number, date of birth, employment history and salary. These are exactly the types of information that fraudsters seek to obtain, and they are often provided by applicants without a second thought in response to job adverts. Prior to conducting the investigation, the PCPD received 550 enquiries from informants regarding the use of blind adverts. Some leads include those who smelt a rat or had received unsolicited direct marketing calls that they believed were due to the inadvertent disclosure of personal data in response to a blind advert. H UMAN R ESOURCES • September 2014

Legal Highlight In the Report, the Privacy Commissioner cited a case from November 2013 where swindlers collected personal information from job applicants and then used their data to falsify documents required to apply for personal loans.

The investigation From 15 to 22 March 2014, seven Hong Kong recruitment media – JobMarket, Recruit, JiuJik, Classified Post, JobFinder, JobsDB and Career Times – were reviewed and 311 blind adverts were identified. These comprised 11.6% of all print adverts and 1.6% of all online adverts during that week. A total of 71 random cases were probed. While the blind adverts were mostly placed by small- to medium-scale businesses, the investigated cases also included adverts from listed companies and famous entities. All of the blind adverts solicited personal data of the job applicant via email, fax or delivery to an address without identifying the employer or recruitment agency. At the time of the Report’s release, investigations had been completed in 48 of the 71 cases. Of the 48 cases, 30 defended their use of blind adverts. The defences fell into three categories and none of them were successful: 1. misunderstanding or ignorance of the law; 2. blaming the publisher; or 3. asserting that the blind advert did not breach the legal requirements. The Privacy Commissioner quickly rejected being unaware or misinterpretation of the law as a valid defence. With regard to the second defence, the Privacy Commissioner observed that employers are obliged to comply with the law and not the recruitment media, who are not data users. As such, the PCPD has no jurisdiction over the recruitment media and cannot impose any requirement related to managing the privacy issue of blind adverts. Those who argued that there was no breach were divided into two 34 H UMAN R ESOURCES • September 2014

groups. The first camp contended that employer-related information had been provided by way of an abbreviation of the employer’s name. However, the Privacy Commissioner concluded that with regard to the relevant adverts, the abbreviation was insufficient and too ambiguous to identify the employer. The second group asserted that there was no intention to solicit personal data. One employer argued that the blind advert only requested applicants to send an email with their expected salary, so no personal data was being solicited. But the Privacy Commissioner countered that no applicant would just send an email without submitting personal data. Moreover, the blind advert, as presented, would likely lure an ordinary job-seeker to provide a full CV.

Enforcement notices Each of the 48 employers was issued with an Enforcement Notice for the unfair collection of personal data and contravention of the Ordinance. The Enforcement Notices required the employers to: 1. delete the personal data collected, unless it had to be retained for legal compliance or recruitment purposes. In which case, the employer must inform the applicant and give him/her the right to request the deletion of data; and 2. formulate a policy regarding advertising vacancies to include the prohibition of publishing blind adverts. Failure to comply with the Enforcement Notices within two months of the date they were served could result in an offence punishable on conviction by: - a fine of HK$50,000; and - two years’ imprisonment. If an employer who already got an Enforcement Notice intentionally repeats its breach of DPP 1(2), it will commit an offence that incurs the same penalty, but without the requirement for a new notice to be served.

Implications of the report The Privacy Commissioner intended for

the Report to educate applicants and promote employers’ wider compliance with the Ordinance. The Report is also aimed at deterring swindlers from using blind adverts to solicit personal data. It is important to note that the prohibition against the use of blind adverts has been featured in the Code, which has been in existence for over a decade. The continued prevalence of such adverts, however, prompted the Privacy Commissioner to issue a document titled Understanding the Code of Practice on Human Resource Management, Frequently Asked Questions About Recruitment Advertisements. The information leaflet is designed to provide employers with practical guidance on how to properly handle personal data relating to the employment process.

Advice from the Privacy Commissioner The Privacy Commissioner recognised that not all blind adverts breach the Ordinance. For example, they can help organisations that are looking to replace existing staff. It could also be useful when the public recruitment of a position may constitute premature disclosure of inside information, which violates the Securities and Futures Ordinance. Blind adverts that simply ask applicants to contact a number, email address or website to get more information about the employer or to obtain an application form that identifies the employer would not violate DPP 1(2). An advert placed by an agency that clearly identifies it would also not breach DPP 1(2). In addition, the Privacy Commissioner rejected any defence that the recruitment media should have advised against or turned down blind adverts. However, he pointed out that recruitment media are the gatekeepers to compliance. As such, he urged them to step up efforts in screening advertisers and their materials, as well as to consider refusing blind adverts that solicit personal data.

法律點題

匿名廣告及公平招聘措施李嚴律師行合夥人 Adam Hugill

• 透過匿名招聘廣告暗中收集的個人資料，有機會用於身份盜竊、直接促銷或詐騙活動，因此法例已禁止刊登這類廣告。 • 如果匿名廣告僅僅邀請求職者透過電話、電郵或網址，取得更多有關僱主的資料，或者索取顯示僱主身份的申請表，這種做法是允許的。

最

近，個人資料私隱專員公署 ( 公

原則 3 ：除非獲得當事人同意把其資料

在於這類廣告具有實在風險，這是一種

署 ) 就使用匿名招聘廣告作出調

應用於其他用途，否則資料只

收集個人資料的不良手法，而且這些資

可按當初收集時的目的使用；

料有機會用於身份盜竊、直接促銷或詐

查，並予以譴責。私隱專員在《調查報告：利用匿名招聘廣告不公平收集個人資料》( 報告) ，詳述公署的調查結果。

何謂匿名招聘廣告? 匿名招聘廣告是指： – 無法從中得知僱主或招聘代理的身份；及 – 要求求職者提供個人資料予準僱主的廣告，例如要求求職者遞交履歷。

原則 4 ：確保個人資料受到保障，不會在未獲授權或意外的情況下被

時亦包括婚前姓名或別名 ) 、地址、電郵

查閱、處理或刪除；

地址、電話號碼、出生日期、受僱紀錄

原則 5 ：制定個人資料的政策及實務；及原則 6 ：讓個人有權查閱及更改個人資料。

會應招聘廣告要求提供這些資料。公署展開是次調查前，收到 550 宗有關匿名廣告的查詢。部分舉報人士覺得匿名廣告有可疑，或者是收到非應邀直接促銷來電後，相信是早前回覆匿名廣

人資料是不公平的做法。再者，公署在

告時，不小心披露了個人資料所致。

《個人資料( 私隱) 條例》( 《條例》) 列出

( 《守則》 ) ，當中已特別指出不得使用

原則 1 ：以合法及公平的方式收集個人

資料，而求職者往往沒有加以考慮，便

及公平的方法收集。以匿名方式收集個 2000年發表《人力資源管理實務守則》

保資料獲公平處理。六項原則如下：

和工資。這些正是不法之徒渴望獲得的

原則1(2)規定，個人資料須以合法

為何禁止使用匿名招聘廣告？六項「保障個人資料原則」 ( 原則 ) ，確

騙活動。履歷通常載有求職者的姓名 ( 有

匿名廣告收集個人資料。此外，原則 6 賦予個人權利，查閱及

私隱專員在報告內舉出一宗2013 年11 月的個案，案中騙徒先收集求職者的個人資料，然後利用所得資料偽造文件，申請個人貸款。

更正由資料使用者持有的個人資料。若

資料，並告知資料當事人收集

求職者應匿名招聘廣告要求提供個人資

調查

及使用資料的目的；

料，他們不知道誰持有其個人資料，無

公署於2014年3月15日至22日期間，

原則 2 ：確保個人資料的準確性，並在完成有關目的後，刪除資料；

法行使這項權利。匿名廣告似乎已觸怒私隱專員，原因

檢視七家香港招聘媒體(包括求職廣場、 Recruit 、招職、 Classified Post 、

H UMAN R ESOURCES • September 2014

法律點題

青雲路、JobsDB 及Career Times) 所刊登的招聘廣告，發現當中 311 則為匿名廣告。這些廣告佔該星期所有印刷刊物招聘廣告總數的 11.6% ，另佔所有網上招聘廣告總數的 1.6% 。公署隨機揀選了當中 71 宗展開調查。大部分匿名廣告都是由中小型企業刊登，可是，所調查的個案也不乏由上市公司和知名企業刊登的廣告。所有這些匿名廣告均在沒有透露僱主或招聘代理身份的情況下，透過電郵、傳真或實際地址等途徑，收集求職者的個人資料。報告發表時， 71 宗個案當中， 48 宗

達方式很容易誘使一般求職者提供詳細

的規定早已在十多年前出版的《守則》

履歷。

內訂明。可是，這類廣告仍然相當常

執行通知

見，促使私隱專員發出《人力資源管理實務守則的應用 – 招聘廣告方面的常問

已經調查完畢。而該 48 宗個案當中， 30

該 48 名僱主因不公平收集個人資料及違

問題》這份文件。這份資料單張就招聘

宗的當事人就使用匿名廣告提出辯解。

反《條例》，收到執行通知。執行通知

過程如何妥善處理個人資料，為僱主提

辯解分為三類，但全部不成立：

規定這些僱主：

供實用指引。

1. 誤解或不知悉相關法律；

1. 除非為其他法律合規要求或作招聘之

2. 歸咎媒體出版人；或 3. 堅稱匿名廣告沒有違反法律規定。私隱專員迅即指出不知悉或誤解相關法律並非有理據的辯解。至於第二類辯解，私隱專員指出，招聘媒體並非資

用而必須保留有關資料，否則應刪除已收集的個人資料。如作招聘之用，僱主須通知求職者有關用途，並讓他/她有權要求刪除有關資料；及

2. 制定刊登職位空缺廣告的政策，包括禁止刊登匿名廣告。

料使用者，因此，遵守相關法律的責任在於僱主，而不是招聘媒體。也由於這個情況，公署對招聘媒體沒有司法管轄權，不能就如何處理匿名廣告的私隱問題向它們作出任何規定。辯稱招聘廣告沒有違法的刊登廣告

若僱主未能在收到執行通知後兩個月內，遵守執行通知的規定，一經定罪，可被判處：

寫提供。然而，私隱專員認為，相關廣

無需再次發出執行通知的情況下，可被

告的縮寫資料不足，也太含糊，不足以

判處相同刑罰。

提交個人資料。再者，該匿名廣告的表

36 H UMAN R ESOURCES • September 2014

消息過早公開，因而違反《證券及期貨條例》的規定，僱主便需要使用匿名廣告。如果匿名廣告只邀請求職者透過電話、電郵或網址，取得更多有關僱主的

廣告由招聘代理刊登，並可明確顯示其身份，也不違反原則1(2) 。此外，私隱專員駁回招聘媒體應提出意見或不接受匿名廣告的辯解。不過，他指出招聘媒體是確保廣告合乎規定的

確認僱主的身份。

指，沒有求職者只會發出電郵而不同時

如公開招聘某個職位可能導致一些內幕

表，這種做法並不違反原則 1(2) 。如果

違反原則 1(2) ，即屬違法，而且在當局

並沒有收集個人資料。私隱專員反駁

助機構尋找新員工取代現職者。此外，

2. 監禁兩年。

僱主相關資料已透過展示公司名稱的縮

告只要求求職者以電郵提出薪金要求，

《條例》規定。舉例，匿名廣告可以幫

資料，或者索取顯示僱主身份的申請

若僱主曾收到執行通知，並故意重複

意圖。其中一名僱主辯稱，相關匿名廣

私隱專員承認並非所有匿名廣告均違反

1. 罰款50,000 港元；及

者，所提出的辯解有兩種。第一種指出

第二種辯解指出沒有收集個人資料的

私隱專員的忠告

報告帶來的影響

把關者。因此，他促請招聘媒體加強審

私隱專員旨在透過報告教育求職者，同

視廣告商的身份及所提供的資料，並且

時推動僱主遵守《條例》的規定。報告

考慮拒絕刊登收集個人資料的匿名廣

也藉此阻嚇不法之徒利用匿名廣告收集

告。

個人資料。有一點必須注意，禁止使用匿名廣告

註：此乃中文譯本，一切內容以英文版本為準。

September 2012 • Case China inFocus Brief

Employee’s Duty to Act in Employer’s Best Interest By Susan Kendall, Partner, Baker & McKenzie Roberta Chan, Associate, Baker & McKenzie

World Houseware Producing Co Limited v Chau Kam Tong

District Court DCCJ 1640/2012 Deputy Judge Simon Lui Date of judgment: 18 February 2014

Summary The World Houseware Producing Co Limited v Chau Kam Tong case reiterates the well-trodden general principles that employees must always act in good faith and must not unlawfully divert payments made to their employer. It also highlights the higher duties owed by fiduciaries and the hazards of dealing with third-party agents.

Facts World Houseware Producing Co Limited (the plaintiff) was a manufacturer of kitchen and bathroom houseware products. Chau Kam Tong (the defendant) was employed by the plaintiff as a sales representative. His scope of work included soliciting business, as well as liaising and coordinating with local and overseas customers. Three customers placed orders and signed confirmations for goods with the plaintiff, but paid deposits and the balance of the purchase price to the defendant or to Kin Shing Company (Kin Shing) – a company in which the defendant had an interest – rather than to the plaintiff. Upon discovering the diversion of funds, the plaintiff sued the defendant for:

1. breach of his duties of good faith as an employee; and 2. violation of his fiduciary duties as an alleged agent of the plaintiff, on the grounds that the defendant had – fraudulently or otherwise – procured the customers to make payments in two instances to Kin Shing and in one instance to himself personally, without the plaintiff’s knowledge or proper authorisation. The plaintiff argued that the defendant, as an agent and employee, was in breach of the implied terms and duties that he would: 1. act in the best interest of the plaintiff; 2. act honestly and carry out his duties in good faith; and 3. not defraud his employer in a way that would benefit him (or an entity he controls) or cause prejudice, loss or damage to the plaintiff. In his defence, the defendant claimed that Kin Shing was the customers’ nominated agent and that two of the customers had specifically asked to make payments through that channel. The defendant also claimed that it was normal for customers to make payments either through Hong

Kong agents, employees’ personal bank accounts, or to employees in cash or by cheque for onward transmission to the plaintiff. He also claimed these “normal ways” of making payment were known and authorised by the plaintiff.

Decision Following a close review of the evidence, the Court concluded that: 1. it was the defendant who had instructed the customers to make payment either to Kin Shing or to him personally, not the other way round; and 2. other than the defendant’s selfserving statement, there was no evidence to support the alleged “normal ways” of making payment. It was also not credible that the plaintiff had authorised the defendant to receive payments personally or through Kin Shing as there was absolutely no benefit for the plaintiff to do so. Based on these findings, the Court held that the defendant was in breach of his implied duties of good faith and to act in the best interest of his employer. He was ordered to pay damages in the amount that had been diverted from the plaintiff. H UMAN R ESOURCES • September 2014

Case in Brief

Take away points for HR professionals 1. The facts of the case suggest that the defendant was an employee of the plaintiff, and not an agent. But it is not clear from the judgment the basis on which the defendant was alleged by his employer (or found by the Court) to be an agent. Whilst agents owe fiduciary duties to his principal, the same is generally not true of employees, unless they are in a very senior position or in a position of trust. 2. The duties of a fiduciary are more onerous than those of an employee. One of the distinguishing obligations of a fiduciary is loyalty. If employees owe fiduciary duties to their employer, they must: a. act loyally and in the best interest of the company (which is a more stringent obligation than the general contractual

38 H UMAN R ESOURCES â&#x20AC;˘ September 2014

duty of good faith, because they are expected to act selflessly); b. account to the company for any secret profits made in their position as a fiduciary; and c. not allow their own interests to conflict with the interests of their company. 3. Employees are not generally in a fiduciary position. If an employer wishes to impose higher standards of a fiduciary, it would need to be done by contract, preferably at the outset of the relationship. 4. Employers should carefully monitor payment arrangements and ensure that customers always make payments directly to the employers. Whenever possible, companies should avoid receiving and making payments through agents or third parties, as this can be used to hide unlawful payments

and questionable practices. 5. If agents of third parties are used, companies should ensure they have a legitimate role in any transaction. Such arrangements should be regularly audited to avoid misuse. 6. As a best practice, companies should ensure there is split responsibility for all payment procedures, whereby more than one person reviews and approves payments and collections. This way, there are adequate checks and balances for each transaction. 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 of the 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.

案例撮要

僱員有責任以僱主的最佳利益行事貝克‧麥堅時律師事務所合夥人Susan Kendall 貝克‧麥堅時律師事務所律師陳浣恩

World Houseware Producing Co Limited v Chau Kam Tong

區域法院區域法院民事訴訟 2012 年第 1640 號區域法院暫委法官雷健文裁決日期： 2014 年 2 月 18 日

3. 不以令原告蒙受不利、損失或損害，

2. 受信人的責任比僱員的責任來得繁

或使自己得益的方式 ( 或由他操制的實

苛。受信人肩負的其中一項特殊責

v Chau Kam Tong 一案重申兩項耳熟能詳

體)，欺詐僱主。

任，就是忠誠。假若僱員對僱主負有

的基本原則，就是僱員必須秉誠行事，不

被告抗辯時，聲稱Kin Shing是有關客

受信責任，他們必須：

得非法轉移支付給僱主的款項。此案亦強

戶的指定代理，而其中兩名客戶曾特別要

調受信人肩負的責任較高，還有聘用第三

求以這種形式付款。他又指出，客戶透過

a. 忠誠地並以公司的最佳利益行事 ( 由於他們須無私行事，故這項責

方代理所存在風險。

香港代理或僱員的個人銀行賬戶付款，又

任較一般合約上的真誠責任更為嚴

或者以現金或支票付款給僱員，再由僱員

苛)；

摘要 World Houseware Producing Co Limited

案情 World Houseware Producing Co Limited (原告)是一家廚房浴室家庭用品製造

裁決

任職營業代表。他的工作範圍包括招攬生

法庭仔細審閱相關證據後裁定：

意，以及與本地及海外客戶聯絡和協調。

1. 指示客戶付款予Kin Shing或被告本人

了確認書，但沒有把按金及購貨餘額支付給原告，而是支付給被告或者一家被告擁有權益的公司，名為Kin Shing Company

(Kin Shing)。原告發現款項遭轉移後，隨即入稟控告被告：

潤，向公司交代；及

已知悉並批准這些「慣常」付款方式。

商。Chau Kam Tong(被告)受僱於原告，

三名客戶下了訂單，並與原告就貨物簽署

b. 就受信人身份所獲得的任何秘密利

轉交原告，是慣常做法。他亦聲稱，原告

c. 不能讓本身的利益與公司利益有所抵觸。

3. 僱員一般不處於受信地位。如果僱主有意施加一如受信人的較高標準，必

是被告，並非有關客戶；及

須透過合約訂明，並且在關係開展時

2. 除了被告的利己陳述外，沒有證據支

訂立為佳。

持所謂「慣常」付款方式。此外，指

4. 僱主應仔細監控付款安排，確保客戶

原告授權被告親自或透過Kin Shing收

任何時候均直接向僱主付款。透過代

取款項的做法，對原告絕無好處，因

理或第三者支收款項可被用作隱藏非

此這個說法並不可信。

法款項及可疑措施，因此，企業應盡

有見於此，法庭認為被告違反了秉持

量避免這種支收款項方式。

1. 違反作為僱員的真誠責任；及

真誠及以僱主最佳利益行事的隱含責任，

5. 如要使用第三方代理，企業應確保他

2. 違反作為原告指稱代理的受信責任，

頒令被告歸還從原告取走的款項予原告，

們在任何交易均具備合法身份。應定

以此賠償損害。

期審查這種安排，避免不當使用。

理由是被告在原告不知情或未經原告適當授權下，以欺詐或其他方式，促使客戶兩次把款項付給Kin Shing，另一次付給他本人。原告指被告身為代理和僱員，違反了以下隱含條款和責任：

1. 以僱主的最佳利益行事； 2. 行事誠實並本着真誠履行職責；及

人力資源管理專才注意事項

6. 企業確保付款程序的權責分拆，才是最佳做法；即多於一人查核及審批支

1. 案情顯示，被告是原告的僱員，並非

收款項。這樣，每筆交易的處理均有

代理。不過，僱主聲稱 ( 或法庭認為 ) 被告為代理一事，從判決書看不到清楚理據。代理對委託人負有受信責任，僱員一般來說卻沒有；除非僱員身居要職，又或擔任受託職位。

充足的制衡。註：此乃中文譯本，一切內容以英文版本為準。

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。

H UMAN R ESOURCES • September 2014

HKIHRM Survey

HKIHRM Survey Training and Development Needs Survey A

media briefing was held in May 2014, during which Mr Chester Tsang and Mr Barry Ip, Co-chairpersons of Learning and Development Committee of the Hong Kong Institute of Human Resource Management (HKIHRM) announced the results of HKIHRM 2013 Training and Development Needs Survey. The survey, conducted in November and December 2013, covered 79 companies which had a total of 45,225 full-time employees. Key findings of the survey are as follows:

Investment in training and development 59 companies (74.7%) out of 79 responding companies indicated that they had a training and development budget for 2013. The proportion of training and development budget to total annual base salary was 3.1% on average. It rebounded after falling or remaining unchanged for three consecutive years (Chart 1). A majority of respondents (67.7%) allocated a training and development budget at 1.0% - 2.9% of their annual base salary. (Chart 2)

Training hours All responding companies provided data on training hours. The average number of training hours per employee per annum was 18.5 hours. (Chart 3) In terms of business sector, the hotel/furnished accommodation sector offered the highest number of training hours (33.2 hours), followed

40 H UMAN R ESOURCES • September 2014

by transport/logistics/ postal services (17 hours) and retail (16.1 hours). (Chart 4)

E-Learning 37 companies (46.8%) out of 79 responding companies indicated their training and development budget on e-learning. Among them, 32.4% increased their budget, 59.5% kept their budget unchanged and 8.1% had their budget deducted. Regarding the types of e-learning programmes, online training video was most preferred, used by 67.6% of the respondents. Other means of e-learning included webinar/virtual classroom (51.4%), serious game (32.4%), mobile learning - smartphone (13.5%), as well as social media and mobile learning - tablet (both at 10.8%). (Chart 5)

Training topics 46 companies (58.2%) out of 79

responding companies reported that they had a talent development programme. These programmes focused on “development of highpotential employee” (84.8% of 46 responding companies) and “succession planning” (60.9% of 46 responding companies). The topic “ethics/conduct/corporate governance/compliance” was chosen as one of the top three most important training topics by all ranks of employees for four consecutive years. This reveals employees’ awareness of the needs to have good corporate practices to achieve business integrity.

Chart 1 Training and Development Budget against Total Annual Base Salary (2004 – 2013) %

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

September 2012 • ChinaSurvey Focus HKIHRM

Chart 2 Detailed Breakdown of Training and Development Budget against Total Annual Base Salary

Chart 3 Average Number of Training Hours Per Employee Per Annum (2007 – 2013) Number of hours 30 25

10% or above of annual base salary 12.9%

24.1 20.9

20.6 17.9

19.9

19.1

18.5

2011

2012

2013

15 10

5.0% - 9.9% of annual base salary 9.7% 3.0% - 4.9% of annual base salary 9.7%

5 0

2007

2008

2009

2010

Chart 4 Average Number of Training Hours Per Employee Per Annum 2013 – By Business Sector Number hours

40 33.2 30

15.9

14.3

15.2

17.0

16.1 10.7

Business Services/Professional Services

Construction/Real Estate/Property Development

Hotel/Furnished Accomodation

Manufacturing

Retail

Wholesale/ Import/Export/ Trading

Chart 5 Types of E-Learning Programme 80

The full report of the 2013 Training and Development Needs Survey is available for subscription at $500.

67.6 51.4

32.4

20 0

Remark:

13.5

Online Training Videos

Webinars/Virtual Classrooms

Transport/Logisties/ Postal Services

Serious Games**

Mobile Learning Smartphone

10.8 Social Media*

10.8

5.4

Mobile Learning - Other Online Tablet Training Modules

For more details, please contact the Research and Development Department at 2837 3815 or email to research@hkihrm.org

* Facebook, YouTube, LinkedIn, etc ** for example, games designed to develop and test learning through game scenarios

H UMAN R ESOURCES • September 2014

E-learning and Mobile Learning at MTR H

aving received recognition from a number of local and overseas training and development professional bodies, MTR Corporation strives to cultivate a continuous learning environment for its staff. Mr Morris Cheung, Human Resources Director, and Mr Daniel Shim, General Manager – Human Resources (China/ International & Development) share the company’s experience in introducing e-learning and mobile learning. Mr Chester Tsang, Senior Manager – Management Training and Development, who is also a Cochairperson of HKIHRM’s Learning and Development Committee and Chairman of the annual HKIHRM training needs analysis exercise in 2013, also gives his remarks.

Why did MTR introduce and implement e-learning and mobile learning? What are their pros and cons? How different are they from traditional classroom training? Mr Cheung: As business continues to expand and customer demands increase, we need to improve staff competencies and capabilities by accelerating employee development to achieve operational and organisational excellence. Upholding one of our corporate vision, mission and values (VMV) – to inspire, engage and develop our staff, we strive to help our staff to continuously learn and grow. We launched electronic and mobile learning in a “blended learning approach” to reinforce and supplement training interventions. E-learning and mobile learning allow employees to learn in flexible and convenient ways – “just enough, just in time, just for me”. It cultivates an environment for continuous learning and accommodates different learning styles. However, staff engagement may be one of the challenges, especially with

the younger generation, as they are more digitally connected and have a different mindset and expectations. It can be Mr Morris Cheung (middle), together with Mr Daniel Shim (right) and Mr Chester Tsang (left), strive to help their staff to difficult to design a variety of continuously learn and grow. approaches to help our staff get used to this new learning mode. Mr Tsang: According to HKIHRM’s 2013 Training and Development Needs Survey, 32.4% of respondents increased their budget on e-learning (including mobile learning). MTR Corporation is on track with this trend in the market.

What are the important factors to consider? Can budget-tight companies adopt them? Mr Cheung: To maximise training effectiveness, it is important to select: – the right target group: the mobile workforce who has higher need for mobile learning; the young generation who are more open to new gadgets; and self-driven talent who enjoy and are strongly motivated by self-learning – the appropriate topics: corporatewide topics which appeal to a larger number of employees such as corporate VMV; and some topics that focus on needs related to their jobs, such as customer service skills for frontline staff – the right means: while cost is a consideration, creating a mobile version of training resources or converting a web-based

What difficulties has MTR encountered? What targeted results have been achieved? Mr Shim: Our staff work at various work sites, so we have to find different ways to sustain and promote continuous learning culture. Technology can provide flexibility in facilitating learning, but sometimes it will set constraints on meeting the ultimate training outcome. We work hand-in-hand with our internal IT professionals to capitalise on the advantages of technology, ensuring that they can be incorporated into our learning strategy. In addition, introducing a new mode of learning requires a culture change in the organisation. In the planning stage, we have to make an effort to understand our target segments. How unique are their jobs? What are the training needs of a specific division and department? Content promotion strategies must be customised accordingly. It will be easier for employees to accept the changes if they can see how they will directly benefit from these efforts.

Mr Adi Lau, Deputy Director-Operating, says, “In the information age, mobile learning is indispensable to an effective implementation of staff learning and development programmes and sustaining the momentum for staff of different generations. The mobile learning platform provides frontline staff a handy way to obtain timely and useful service tips anytime, anywhere.” MTR’s mobile learning hub

42 H UMAN R ESOURCES • September 2014

site to a mobile one will involve a relatively lower investment. Apps could be a useful addition to mobile learning tools, but they may be more expensive and require a regular maintenance fee.

September 2012 • China Focus HKIHRM News

Online Poll on Minimum Wage Level Review Does your company find the existing minimum wage level of $30 affordable?

he HKIHRM conducted an online poll on minimum wage

level review in Jun 2014 to gauge members’ views. The poll covered a total of 158 respondents from different sectors. The following poll results were submitted to the Minimum Wage Commission for information and consideration. Please visit HKIHRM’s website and click “Laws on HR” under “Resource Centre” for a full report

Has a rise in minimum wage level to $30 an hour in 2013 led to recruitment difficulties in your company?

of the poll results.

What is the percentage increase in labour cost for your company resulted from a rise in minimum wage level to $30 an hour in 2013?

Average : 7.88% Range : 1% - 30%

In reviewing the minimum wage level, what level will your company find acceptable?

H UMAN R ESOURCES • September 2014

Reading Corner

Give and Take: Why Helping Others Drives Our Success Author: Adam M Grant

“

Good guys finish last” is a common belief. To get ahead, being bad might be better than being good. But is it true? Adam M Grant, author of Give and Take: Why Helping Others Drives Our Success, disagrees. The book offers a refreshing framework for success: it hinges on how we approach our dealings with others. “Every time we interact with another person at work, we have a choice to make: do we try to claim as much value as we can, or contribute value without worrying about what we receive in return?” says Grant, an organisational psychologist who has worked with Google and the US Air Force. He explains that most employees operate in three modes: as takers, matchers and givers. Takers, he says, are not necessarily greedy, but are “cautious and self-protective”. They are

competitive and always need to have the edge over others. For matchers, their motto is tit for tat – I do you a favour; you do me a favour. They want a fair exchange because they believe they “protect themselves by seeking reciprocity”. Givers give more than they get, but “extraordinary acts of sacrifice” are not necessary. Instead, their actions prioritise others, whether by mentoring or sharing credit for a job well done. Though their generosity can be exploited, many givers are high achievers across different industries. Grant, who is the youngest tenured professor at Wharton University, warns that very few people are “pure” givers or takers, and most are matchers, and each style can be useful in specific scenarios. By using his innovative research, Grant shows how the professional and personal accomplishments of givers last longer and have a ripple effect. Because they know it is all about give and take.

Scaling Up Excellence: Getting to More Without Settling for Less Author: Robert Sutton and Huggy Rao

“

Too much of a good thing” can be disastrous, but perhaps an exception can be made for excellence. After all, why would you choose to limit it? You really should spread it around instead. That is what the authors mean by the book’s title. Robert Sutton and Huggy Rao, who are faculty at Stanford Graduate School of Business, spent seven years observing and writing about how organisations can identify good practices and then cascade excellence as they expand and develop. However, effective scaling is less about speed or size, and more about “believing and living a shared mindset” among your people. Using interviews with scaling experts, case studies, and academic studies on world-famous companies including Wyeth Pharmaceutics and Pixar Animation Studios, Sutton and Rao discuss the how to implement their “7 Scale Mantras”. One 44 H UMAN R ESOURCES • September 2014

challenge that business leaders face is to pick between “Buddhism” – to support approaches customised to local requirements – or “Catholicism” – to reproduce the same techniques and strategies as organisations or programmes change and become more complex. The authors also discuss how scaling up will require companies to detach themselves from some customs while doing more of others, including principles and processes that were previously successful but do not work anymore. If all this sounds like a daunting task, Sutton and Rao provide some reassurance. “Scaling requires grinding it out, and pressing each person, team, group, division, or organisation to make one small change after another in what they believe, feel, or do.” Because it is better for a team to take little steps that bring them together than for a team to take big steps that tear them apart.

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