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| Legislative Council (Google Maps photo) |
Secretary for Labor Dr Law Chi-kwong has urged legislators to pass an amendment to the Employment Ordinance that includes allowing workers to claim sickness pay for the entire time they were in compulsory quarantine.
In turn, the new law allows employers to fire workers who cannot go to work because they refuse to be vaccinated.
Law said in his blog Sunday that he will present the proposed legislation, the Employment (Amendment) Bill 2022, in the Legislative Council on Wednesday, Mar 16, during which the bill will be presented for its second and final reading.
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| PINDUTIN PARA SA DETALYE |
The amendments were approved on Feb. 25 by the Executive Council. Among the major provisions are:
• To regard a day on which an employee (affected employee) placed
under compulsory quarantine under the Prevention and Control of Disease
Ordinance as a sickness day.
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| PINDUTIN PARA SA DETALYE |
• To provide for sickness allowance to be paid to such employee under certain circumstances.
• To provide that it is not a valid reason to dismiss an
employee or vary the terms of the employee’s contract of employment on the
ground of being quarantined.
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| PINDUTIN PARA SA DETALYE |
• To provide that it is a valid reason to dismiss an employee or vary the terms of the employee’s contract of employment if he or she refuses to produce proof of vaccination after a request is made by the employer.
Law said that he realized there was a need for amendments
when disagreements first arose about sick leave during quarantine.
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“During the SARS period in 2003,” he said in his blog, “I
made a lot of comments to the then Government in the Legislative Council,
including the arrangement of sick leave during quarantine. At that time, the
government's health authority would issue sick leave certificates to employees
during the compulsory quarantine period. Therefore, in the guidelines of the
Labour Department at that time, the period of compulsory quarantine was also
regarded as sick leave. I have always held this understanding.”
But during the Covid-19 pandemic that started in 2020, he
said, “the health authorities stated that compulsory quarantine is not a
disease, so the relevant certificates issued by the health authorities for
compulsory quarantine may not necessarily be regarded as proof of sick leave.”
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Law said the Labour Department consulted the Department of
Health to adjust the guidelines provided to employers and employees, while the
Government looked at the Prevention and Control of Disease Ordinance, Chapter
599, to specify the compulsory quarantine certificate as proof that employees
needed to receive sickness allowance.
“However, the legal opinion considers that the proposal does
not meet the coverage of Cap 599 and that amendments to the Employment
Ordinance are required,” he added.
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| BASAHIN ANG DETALYE! |
As the proposed law worked its way through the Legislative
Council, the fifth wave of the epidemic arose and the "vaccine
passport" became imperative.
It also required new provisions that allowed to employers to
fire workers who could not present proof that they were vaccinated within the
specified period.
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| PADALA NA! |
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