SATURDAY, OCTOBER 22, 1994
EMPLOYER FINED FOR SACKING PREGNANT EMPLOYEE
IT IS AN OFFENCE UNDER THE EMPLOYMENT ORDINANCE (EO) TO TERMINATE THE EMPLOYMENT OF A FEMALE WORKER AFTER SHE HAS GIVEN HER EMPLOYER A NOTICE OF HER INTENTION TO TAKE MATERNITY LEAVE, THE LABOUR DEPARTMENT SAID TODAY (SATURDAY).
WAI KIT COSMETICS COMPANY LIMITED IN KWUN TONG WAS RECENTLY FINED $3,000 BY A KWUN TONG MAGISTRATE FOR SACKING A PREGNANT EMPLOYEE.
THE CASE CAME TO LIGHT WHEN THE PREGNANT EMPLOYEE APPROACHED THE LABOUR RELATIONS SERVICE (LRS) AFTER BEING DISMISSED BY HER EMPLOYER IN FEBRUARY THIS YEAR.
"UNDER THE EO, A FEMALE WORKER IS PROTECTED FROM TERMINATION OF HER EMPLOYMENT DURING THE PERIOD FROM THE DATE ON WHICH SHE GIVES NOTICE OF HER INTENTION TO TAKE MATERNITY LEAVE UNTIL THE DATE ON WHICH SHE IS DUE TO RETURN TO WORK, IF SHE HAS BEEN EMPLOYED FOR NOT LESS THAN 12 WEEKS, LABOUR OFFICER (PROSECUTIONS) MRS GRACE SHEK SAID TODAY (SATURDAY).
"IT ALSO PROVIDES THAT A FEMALE EMPLOYEE WHO HAS WORKED FOR THE SAME EMPLOYER UNDER A CONTINUOUS CONTRACT FOR A PERIOD OF NOT LESS THAN 26 WEEKS IS ENTITLED TO MATERNITY LEAVE.
"IF A FEMALE WORKER HAS WORKED CONTINUOUSLY FOR THE EMPLOYER FOR A PERIOD OF NOT LESS THAN 40 WEEKS BEFORE THE EXPECTED DATE OF HER COMMENCEMENT OF MATERNITY LEAVE AND SHE HAS NO MORE THAN TWO CHILDREN, SHE IS ALSO ENTITLED TO MATERNITY LEAVE PAY," SHE ADDED.
SHE NOTED THAT THE MATERNITY LEAVE PAY WAS CALCULATED AT THE RATE OF TWO-THIRDS OF THE EMPLOYEE'S MONTHLY SALARY.
IF A FEMALE WORKER IS EMPLOYED ON PIECE RATE OR WHERE HER DAILY WAGES VARY FROM DAY TO DAY, THE RATE IS TWO-THIRDS OF HER DAILY AVERAGE WAGE DURING EVERY COMPLETE WAGE PERIOD, COMPRISING NOT LESS THAN 28 DAYS AND NOT MORE THAN 31 DAYS, PRECEDING THE LEAVE.
SHE ALSO POINTED OUT THAT EMPLOYERS WERE NOT ALLOWED ΤΟ PAY WAGES IN LIEU OF MATERNITY LEAVE.
"EMPLOYERS BREACHING THE PROVISIONS WOULD BE LIABLE TO A MAXIMUM FINE OF $10,000," MRS SHEK SAID.
"THE EMPLOYER WILL ALSO HAVE TO PAY THE SUM WHICH WOULD HAVE BEEN PAYABLE IF THE CONTRACT HAS BEEN TERMINATED IN ACCORDANCE WITH ITS TERMS, THE MATERNITY LEAVE PAY FOR 10 WEEKS AND A FURTHER SUM EQUIVALENT TO SEVEN DAYS' WAGES,' SHE ADDED.
THE HAS
ΤΟ FACILITATE WORKERS TO UNDERSTAND IN SIMPLE TERMS MATERNITY PROTECTION PROVISIONS OF THE EO, THE LABOUR DEPARTMENT PREPARED A LEAFLET FOR FREE DISTRIBUTION AT THE LRS OFFICES, ALL PUBLIC HOSPITALS AND MATERNAL AND CHILD CARE HEALTH CENTRES.
INCLUDED IN THE LEAFLET IS A STANDARD FORM OF NOTICE, SPECIFYING THE EXPECTED DATE OF CONFINEMENT AND THE DATE ON WHICH THE MATERNITY LEAVE IS TO COMMENCE, TO FACILITATE EMPLOYEES TO COMPLY WITH THEIR OBLIGATION UNDER THE EO.
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