The Employment (Amendment) Bill 2022 was gazetted today with a view to protecting public health while preserving employees’ legal rights, the Government announced.

The amendment stipulates that employees’ absence from work for the purpose of complying with a requirement restricting their movement imposed under the Prevention & Control of Disease Ordinance will be deemed as sickness days under the Employment Ordinance. Subject to the fulfillment of relevant criteria under the Employment Ordinance, the employees will be eligible for sickness allowance.

The amendment also makes it clear that laying off an employee would be considered as unreasonable dismissal if the decision was made because the employee is subject to the aforesaid restriction on movement.

Meanwhile, the bill proposes that dismissal due to an employee’s non-compliance (except with sufficient medical reasons) of the vaccination requirement under the vaccine pass scheme, or failure to produce a recognised vaccination proof at the employer’s request before the expiry of a specified period, constitutes a valid reason for dismissal.

“With the severe impact of the COVID-19 pandemic on our society, it is necessary to strike a reasonable balance between implementing anti-epidemic measures to protect public health and preserving employees’ statutory rights and benefits.

“We plan to introduce the bill into the Legislative Council for scrutiny as soon as possible,” the Government noted.