[Vaccine Pass/Recovery Record QR Code/Injection/Sick Leave] As the epidemic continues and the vaccine pass comes into effect, labor disputes arising from vaccination have increased. The government is amending the Employment Ordinance. If an employee refuses to be vaccinated and fails to go to work, he or she will be dismissed. , will not be considered unreasonable dismissal.
The Legislative Council Committee on Deliberating the Bills of Relevant Amendments conducted the second deliberation today (20th). Some members pointed out that the amendments are quite controversial, including whether the employer has violated the law if a pregnant woman is dismissed for not being vaccinated.
The Commissioner for Labour, Sun Yuk-han, stressed that at present, there are unreasonable dismissal and unlawful dismissal under the Employment Ordinance. Although it is not unreasonable dismissal to dismiss a pregnant woman because of a vaccine pass, it will still be unlawful dismissal: "The amendment is not an unlawful dismissal. Employers are required to fire unvaccinated workers.”
▼On April 11, the enclosure inspection of Xilai Building, Huali Village, Kwai Chung▼
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MPs point out that the example of "Concise Guide" on prescribing could easily confuse employers
At the meeting, a number of Members raised technical questions about the amendments to the ordinance. Member Kan Huimin pointed out that Amendment III of the "Concise Guide" in the document submitted on the prescription listed "reasonable dismissal" situations, which to some extent divided pregnant women into three categories. Pregnant women working in beauty salons and nursing homes will not be exempted and will be required to have injections, which will easily cause confusion to employers.
Several MPs raised technical questions about the ordinance amendment.
(Screenshot of online meeting)
Commissioner for Labour Sun Yuk-han: Amendments cannot interfere with the exemption conditions for vaccine passports
The Commissioner for Labour, Sun Yuk-han, explained that the Vaccine Pass is the government's anti-epidemic requirement and has its own set of exemption arrangements, which cannot be intervened through the amendment to the Ordinance, but stressed that in addition to "unreasonable dismissal" under the Employment Ordinance, there is still another "Unlawful dismissal" can protect employees. If a pregnant woman is dismissed because of a vaccine pass, although it is not "unreasonable dismissal", it will still be "unlawful".
He also pointed out that the relevant amendments do not require employers to fire employees who have not been vaccinated, but only to address the concerns of "unreasonable dismissal" when employers "really have no choice but to fire". The liability for "unlawful dismissal" cannot be exempted.
Vaccine Pass︱Inland Revenue Department and other departments will resume normal services from April 21. To enter, you must scan the Vaccine Pass for Safe Travel｜Anti-shared needle card is repeatedly scanned within 5 minutes after entering the restaurant. There will be a special sound warning Vaccine Pass｜The restaurant code scanner is updated to prevent duplication Diners who scan the code are not eligible, a beeping sound will be heard Vaccine Pass | Entering the construction site must take two injections from 4.14 onwards 95% of the workers have met the requirements. Government amendments to the "Employment Ordinance" will take effect immediately. Amendment to Employment Ordinance Employers can "legally" dismiss employees who cannot go to work without injections
