Annex B
Measures to Protect
Employees from Unfair Dismissal
(a) Protection against anti-union discrimination
Part IVA of the Employment Ordinance
protects
employees from dismissal or discrimination for becoming a
trade union member or official or forming a trade union, or
taking part in union activities outside his working hours or
within working hours with his employer's consent.
(b) Maternity protection
During the period between the date on which the pregnant employee gives notice of her intention to take
maternity leave until the date on which she is due to return
to work, an employer is prohibited from terminating her
contract of employment. Termination in breach of the
provision is not only a punishable offence, but also entitles the female employee to compensatory payment.
(c) Severance payment
An employee with two years' service who is
dismissed for reason of redundancy or lay-off is entitled to
severance pay.
(d) Protection of employee from dismissal during incapacity
An
employer is prohibited from dismissing an
employee on sick leave. An employer violating the provision
is required to pay compensation to the victim employee.
(e) Protection for employees giving evidence in legal
proceedings
or
S
An employer is prohibited from terminating the
employment of an employee
discriminating against an
employee who has given evidence in proceedings under the
Employment Ordinance or other work safety legislation, or
has given information to a public officer in connection with
the enforcement or breaches of these legislations.
Furthermore, a bill to provide compensation to employees who
are dismissed under such circumstances has been enacted on
16 July 1993.
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