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The government's amendment to the "Employment Ordinance" will take effect immediately;

2022-02-25T14:40:55.386Z


The Government gazetted the Employment (Amendment) Bill 2022 in the Gazette tonight (25th), which aims to clearly stipulate that employees are absent from work due to compliance with the requirements of the Prevention and Control of Disease Ordinance, resulting in restricted activities,


The Government gazetted the "Employment (Amendment) Bill 2022 Bill 2022" tonight (25th), which aims to clearly stipulate that employees' absence from work due to compliance with the requirements of the Prevention and Control of Disease Ordinance, resulting in restricted activities, can be regarded as Sick days, including quarantine or containment testing for confirmed cases; it is also clearly stipulated that employees who are dismissed due to restricted activities under the above circumstances are unreasonable dismissal.


In addition, the draft stipulates that employers who fail to comply with the vaccination requirements of the "Vaccine Pass" scheme without providing sufficient medical reasons at the expiry of the specified period after the written request is issued are justifiable grounds for dismissal under the Ordinance.


▼On February 25, the inspection of the closed area of ​​Xiuhua Building, Xiu Mau Ping Village, Kwun Tong▼


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Unreasonable dismissal for dismissal of employee unable to report for Chapter 599

The purpose of the Amendment Ordinance is to clearly stipulate that an employee's absence from work due to compliance with the requirements of the Prevention and Control of Disease Ordinance (Cap. 599), resulting in restricted activities, can be regarded as a sick day under the Employment Ordinance and complies with the provisions of the Ordinance. Eligible employees are eligible for sickness benefits.

The Amendment Ordinance also clearly stipulates that dismissal of an employee due to restricted scope of activities under the above circumstances is an unreasonable dismissal.

▼On February 25, Tseung Kwan O On Ning Garden 5 closed area inspection▼


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Sunset clauses can be dismissed for not vaccinating

The Amendment Ordinance also stipulates that at the expiry of the specified period after the written request, if the employee fails to provide sufficient medical reasons for failing to comply with the vaccination requirements of the "Vaccine Pass" scheme under Cap. Proof of a government-approved Covid-19 vaccine is a just cause for dismissal under the Ordinance; where Cap 599L does not apply, the amendment exempts certain employees, including those who are pregnant and breastfeeding.

The amendment has a sunset clause that will be repealed when the outbreak is under control and vaccination no longer constitutes a public health concern.

A government spokesman said that due to the severe impact of the COVID-19 epidemic on the society, it is necessary for the government to strike a reasonable balance between implementing anti-epidemic measures to protect public health and safeguarding the statutory rights and interests of employees, and plans to submit the bill to the Legislative Council for scrutiny as soon as possible .

When the Amendment Ordinance comes into force, it will take effect on the day it is gazetted.

Latest | Employment Ordinance Amendment Gazetteed Areas Absence from work, sick leave without vaccinations is a reasonable dismissal of the new crown vaccine | Migrant workers are still dismissed with a doctor’s certificate exemption Caritas urges to stop amending the employment regulations and vaccines | Can employees who are unable to go to work for injections be quarantined and get sick leave?

Luo Zhiguang changed his tone: the study on the need to amend the employment regulations is proceeding expeditiously

Source: hk1

All news articles on 2022-02-25

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