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Written by: Lin Yingxian
2021-06-12 14:37
Last update date: 2021-06-12 14:37
The business community has launched a lottery for luxury homes and luxury cars in response to the government's grain needle plan, but yesterday (11th) the Jockey Club reported that employees were required to take two shots before August 31, otherwise the New Year bonus would be deducted.
EOC chairman Zhu Minjian said on a commercial TV program this morning (12th) that if employers provide bonuses to employees who have received injections, employees who have not received injections will not be able to receive them, or they will be challenged by the law. However, it is difficult to generalize whether or not discrimination is involved in the end. It depends on whether the measures are reasonable and necessary.
Zhu Minjian said that if employers provide bonuses for employees who have received injections, employees who have not received injections will not be able to receive them, or they will be challenged by the law, but it is difficult to generalize whether they involve discrimination in the end.
(Provided by business station)
Zhu Minjian said in the morning on the business program "Politics and Economy Saturday" that employers requesting employees who have not been vaccinated to suspend work or violating the "Disability Discrimination Ordinance" depend on whether the relevant actions are reasonable and necessary.
He gave an example to explain that if the employer dispatches employees who have not received injections to work in other branches, the employees will receive less differential treatment, which may also help the employer’s business, so it is reasonable and necessary. However, if the employer fires employees who have not received injections, then To prove the necessity of action, the argument is extremely difficult.
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He also pointed out that employers have the right to require employees to be vaccinated. The problem lies in the consequences if employees refuse service. Employers in different industries have to prove that the actions against employees are reasonable and necessary. There are different degrees of difficulty and cannot be generalized, such as aviation, The tourism industry has more reasons to require employees to get injections because the government requires employees to be vaccinated before they can resume business. However, some industries do not require injections to start business, and they may not meet reasonable and necessary requirements.
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As for employers providing bonuses to employees who have been vaccinated, or not granting bonuses or double pay to employees who have not received injections, Zhu Minjian believes that employees without injections are not eligible to receive the relevant bonuses and may be challenged by the law. However, he continued, However, if a restaurant points out that employees who have received injections can receive more customers or work longer hours, this is a value-for-money reward and may be regarded as not involving discrimination.
▼Hong Kong government's new strategy for "Grain Needle": Benefits of already vaccinated vs. Restriction of unvaccinated ▼
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