Letters | On Hong Kong’s employment law and Covid-19 vaccination, the case is not clear cut

Readers discuss the proposal to amend the Employment Ordinance to support Covid-prevention measures, one fall-out of hotels being turned into isolation facilities, requiring people to wear masks while exercising, and mass testing arrangements

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People queue outside a vaccination centre in Jordan on January 14. Photo: Dickson Lee

Published: 11:30am, 8 Mar 2022

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The Hong Kong government has proposed significant amendments to the Employment Ordinance to tackle any issues arising from the vaccine pass scheme and to minimise employment disputes.

The first proposal is that employees subject to lockdown or quarantine orders be entitled to sick leave. Second, if employees are dismissed for the above reasons, it would constitute an unreasonable termination.

The proposal also includes the right to sack employees who fail to fulfil vaccine pass requirements – a right that may go beyond government venues, restaurants and the 23 other types of premises covered under the scheme.

Employers currently have no statutory right to direct employees or potential employees to undergo vaccination. Under section 9 of the Employment Ordinance, summary dismissal is permitted when an employee wilfully disobeys “lawful and reasonable” orders, whether expressly stated in the employment contract or not.

But, given that no case has been tested in court, if an employee refuses to get a jab, it remains unclear whether the employer will be afforded a defence.