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Sent to Penny's Bay for compulsory quarantine and forced to take unpaid leave or resign from the Labour Department

2022-01-14T09:23:54.343Z


The fifth wave of COVID-19 in Hong Kong broke out, and a large number of quarantined people had to stay at the Penny's Bay Quarantine Center. Some netizens complained on Facebook that they were sent to Penny's Bay earlier


The fifth wave of COVID-19 in Hong Kong broke out, and a large number of quarantined people had to stay at the Penny's Bay Quarantine Center.

Some netizens complained on Facebook that he was sent to the Penny's Bay Quarantine Center for 14 days of isolation. Because his annual leave had already been used up, his boss asked him to take unpaid leave or resign, which made him very helpless, so he asked whether it was legal for the netizen company to do so. .


Some netizens complained on Facebook, saying that he was sent to the Penny's Bay Quarantine Center for 14 days of isolation earlier, because his annual leave had already been exhausted, and his boss asked him to take unpaid leave or resign, which made him very helpless.

(file picture)

The netizen posted a post on the Facebook page "Slave Labour Office" a few days ago and asked the netizen, "Has anyone ever been forced to go to Penny's Bay for quarantine without a job?", he pointed out that he was sent to Penny's Bay Quarantine Center earlier 14 days, so I couldn't go to work. Since my annual leave had already been used up, I offered to work remotely, but "I can't do much as a WFH, and the WIFI is very poor", so the boss asked for unpaid leave or Resign.

The landlord couldn't help asking if this was legal, "I'm all passive, and I don't even want to enter the camp."

The post caused heated discussions on the Internet, with many netizens criticizing the landlord's boss for being unsympathetic, "You are cooperating with the government to go back to work first", "Since being quarantined is a passive thing, employers You should be sympathetic.” Some people pointed out that the quarantine order is like sick leave, and the company can only handle it as sick leave at most; some netizens suggested that the landlord directly complain to the Labour Department, “Ask the Labour Department with the only WIFI left, for the sake of the public. To have a blog."

According to the guidelines set out by the Labour Department on the "Responsibilities and Rights of Employers and Employees Relevant to COVID-19 under the Employment Ordinance", if the Department of Health arranges for a person to be quarantined at a designated quarantine centre, the person concerned will leave after the quarantine period is completed. At the same time, the Department of Health will issue relevant documents for admission to the quarantine center. The documents include the date of quarantine and whether there is any infection, etc., and a sick leave certificate will also be provided upon the request of the person under quarantine.

An employee can receive sickness allowance under the Employment Ordinance if he or she has accrued a sufficient number of paid sick days.

The Labour Department replied to "Hong Kong 01", stating that if an employee contracted a disease (including COVID-19) not due to work and was issued with an appropriate medical certificate, the employer must, in accordance with the provisions of the Employment Ordinance and the terms of the relevant employment contract, report to the employee who meets the Eligible employees pay sickness benefits.

If the employee concerned is not eligible for sickness allowance, the Government also encourages employers to be sympathetic and understanding of the employee's situation, and to provide flexibility, including allowing the employee to work outside the office or allowing the employee to take paid leave if practicable.

The prescription added that there is no provision for unpaid leave in the Employment Ordinance. If an employer must arrange for an employee to take unpaid leave due to special circumstances, the employer should consult and be frank with the employee concerned about the arrangement of the unpaid leave in advance. Negotiate, taking into account the needs of individual employees, to arrive at mutually agreed arrangements.

In addition, the Employment Ordinance also stipulates that, except for summary dismissal due to gross negligence, an employer cannot dismiss an employee while the employee is on statutory paid sick leave.

Employers who contravene the above requirements commit an offence and are liable to prosecution and, upon conviction, to a fine of up to $100,000 and the payment of compensation due to their employees.

According to the Employment Ordinance, if an employee has been employed under a continuous contract for not less than 24 months, if an employer dismisses an employee without justifiable reasons, the employee may file a compensation claim against the employer for unreasonable dismissal.

Justifiable reasons include employee conduct, ability or qualifications required for the job, redundancy or other genuine business needs, and legal requirements.

If employees suspect that they have been unreasonably dismissed by their employers, they may contact the Labour Department for assistance.

If they cannot settle through mediation, they can apply to the Labour Tribunal for their compensation claim, and the Tribunal will decide.

Former Shatin District Councillor Chen Yuntong shared his experience of being quarantined at the Penny's Bay Quarantine Center earlier, and listed 9 major Q&As and 8 must-have items, hoping to remind netizens:


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Penny's Bay Isolation Camp丨 District Councillors living in Hong Kong version of Huoshenshan share 9 major Q&A 8 items that must be brought into the camp

HKTVmall is delivered to Penny's Bay Quarantine Center for free shipping on purchases over 100 yuan, but 6 types of goods are prohibited. Snacks big open to campers out of the room a trick to deal with

Source: hk1

All news articles on 2022-01-14

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