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Employment Protection

Employment Protection

Employment Protection

1.Under what circumstances can a helper claim remedies for unreasonable dismissal against the employer?

a. The “employment protection” provisions of the Employment Ordinance aim to prevent employers from dismissing employees to evade their statutory responsibilities.

b. A helper can claim remedies for unreasonable dismissal if:

● The helper has been employed continuously by the same employer under a continuous contract for at least 24 months;

● The helper is dismissed by the employer other than for a valid reason under the Ordinance.

2.What are valid grounds for dismissal?

Under the Ordinance, an employer may dismiss a helper on the following 5 grounds:

a. The conduct of the helper;

b. The capability or qualifications of the helper for performing the job;

c. Redundancy or other genuine operational requirements of the business;

d. Statutory requirements;

e. Other substantial reasons.

3.When can a helper claim remedies for unreasonable and unlawful dismissal?

A helper can claim remedies for unreasonable and unlawful dismissal if:

a. The helper is dismissed for reasons other than the valid grounds under the Ordinance;

b. The dismissal is unlawful.

4.How is the calculation of severance payment and long service payment done?

a. During pregnancy and after she has served notice of pregnancy;

b. During her paid sickness days;

c. For giving evidence or information in proceedings related to the Ordinance or work accidents;

d. For trade union membership or activities;

e. Before agreement is reached on work injury compensation or while the assessment certificate remains unpaid.

5.What are the remedies for employment protection?

The remedies for the helper include reinstatement/re-engagement, terminal payments, and compensation*.