TNAG-2817-FCO40-4063-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1993 — Page 60

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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