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| Absence from work due to pandemic requirements will now be covered by sickness allowance |
Failure to get a vaccine can now get a person fired from their job in Hong Kong. But being absent from work because of anti-epidemic requirements such as getting tested for Covid or being quarantined will not be a reasonable ground for their dismissal.
These are among the new rules that took effect today with
the inclusion of the Employment (Amendment) Ordinance 2022 in the Official
Gazette.
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| PINDUTIN PARA SA DETALYE |
The ordinance was approved by Legislatve Council last Wednesday
(June 15).
Among its major provisions is that failure to comply with an
employer’s legitimate vaccination request will be a “valid reason” for
dismissal or revision of contract.
Under this amendment, the employee has 56 days to show proof
of compliance with the vaccine requirement.
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| Pindutin para sa detalye |
Exempted from the amendment are pregnant and breastfeeding women,
people who are medically exempted and those who had that specific illness in
the last six months.
The new law also specifies that absence from work due to
compliance with a requirement under the Prevention and Control of Disease
Regulation (Cap 599A) or Prevention and Control of Disease (Compulsory Testing
for Certain Persons) Regulation (Cap 599J) – such as an isolation order, a
quarantine order or a testing requirement which restricts movement -- will not
be a “valid reason” for dismissal or changes to the work contract.
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With this provision, employers cannot use such absences as an
excuse for not giving the 30-day notice, or payment in lieu of notice, when
they terminate employees.
The new law also expands the definition of “sickness day” in
the Employment Ordinance, which entitles workers to sickness allowance for each
day of absence, to include each day on which an employee is absent from work because
of such Cap 599 requirements.
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| PINDUTIN PARA SA DETALYE |
In a statement, the Labour Department said, "The
legislative amendments seek to reflect the policy intent so as to clarify the
rights and obligations between employers and employees under the epidemic, and
to strike an appropriate balance between protecting public health and
preserving employees' rights and benefits.
The new law can be found here: https://www.gld.gov.hk/egazette/pdf/20222673e/es3202226734.pdf.
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| PADALA NA! |
