Hong Kong’s labour minister has urged lawmakers to “quickly” pass an amendment to a law that would allow workers to take sick leave for quarantine and employers to sack staff who fail to fulfil vaccine pass requirements.
Secretary for Labour and Welfare Law Chi-kwong said on his official blog on Sunday the bill would be discussed in Legco on Wednesday.
“To clarify employment issues caused by employees’ absence from work due to quarantine and compliance with the requirements of the vaccine pass, the legal amendment [of the employment law] is a priority,” he said.
“I hope the bill will be dealt with quickly in Legco, and employment issues arising from the anti-epidemic measures will be clarified from a legal perspective.”
Law added that the Labour Department had been overwhelmed during the pandemic. It was assisting with an amendment bill on work-related injuries and the abolition of the Mandatory Provident Fund offsetting mechanism, all of which had contributed to the delay in changes to the employment law.
According to the pandemic-related amendment, employees can be fired for not adhering to vaccine pass rules or refusing to get vaccinated without valid medical reasons.
Exemptions will include those with medical certificates, pregnant and lactating employees and those who caught within the past six months. Residents affected by lockdowns and quarantine orders will be also able to apply for sick leave.
Employers will have to provide a written notice to employees saying the company may cite “refusal to vaccinate” as a reason for dismissal. Workers will be given eight weeks to prepare for proof of vaccination following the notice.
According to the bill, the proposal does not require or encourage employers to dismiss employees who fail to comply with vaccination requirements, but only serves to absolve employers from liabilities relating to cases of alleged unreasonable dismissal.
A “sunset” clause will also be introduced, outlining that the provision will be repealed when the pandemic is under control and vaccination is no longer a public health concern.
Under the city’s vaccine pass scheme, people aged 12 or above will be required to get inoculated with at least one jab to enter government venues and 23 other types of premises, including restaurants, shopping centres, wet markets and supermarkets.
All employees of such premises must be fully inoculated, while the medically unfit will be exempted with a doctor’s certificate. Use of the government’s “Leave Home Safe” risk-exposure app is required for entry.