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(c)
(d)
There is no provision in the Employment Ordinance, Cap. 75 ("EO") requiring an employer to obtain a work permit for his employee before assigning him or her to work outside Hong Kong. However, it is advisable for an employer who wishes to send an employee on a work- related trip outside Hong Kong to ascertain the relevant entry requirements of that country, in particular whether or not a work permit is required for his employee. For their own protection, employees should also make similar enquiries to
enquiries to ensure that their overseas work assignments will not constitute illegal employment in the country concerned.
As regards the responsibilities of employers for their employees who have been prosecuted or detained by the governments concerned, or who fall ill, sustain injuries or die accidentally whilst on duty outside Hong Kong, the various areas of protection under the law are broadly set out in the following paragraphs.
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Where such employees who are working outside Hong Kong employed by employers in Hong Kong, they are entitled to all the rights and benefits provided by Hong Kong's labour legislation, as if they are working in Hong Kong, provided that they fulfil the qualifying requirements for the relevant benefits. The protection will be available to such employees regardless of whether or not they have obtained a work permit to work in a place outside Hong Kong.
For instance, such employees who have fallen ill or injured by accident will be entitled to sickness allowance benefits under the Employment Ordinance. Where such employees are injured or die in an accident arising out of and in the course of their employment, they will be entitled to compensation from the employer as laid down under the Employees' Compensation Ordinance, Cap 282 ("ECO"). The employer is also required under the ECO to take out an insurance policy to cover his or her liability both under the ECO and at common law for injuries or death at work for their employees.
Also, employees have remedies against their employer independently of the ECO and may seek damages from the employer where injury has resulted from any negligence, breach or other wrongful act or omission for which the employer are responsible.
An employee can refuse to perform any duty which is illegal or which is not provided for in his employment contract. He can also refuse to work outside Hong Kong without a valid work permit if he knows this is illegal. Under these circumstances, the employer cannot invoke Section 9 of the EO to dismiss the employee summarily for failing to obey a reasonable or lawful order.