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Hong Kong: Employment (Amendment) Bill 2022 on employment disputes arising from COVID-19 related matters

  • On 25 February 2022, the Government published the Employment (Amendment) Bill 2022.
  • It aims to find a balance between implementing various anti-epidemic measures to protect public health and preserving employees' statutory rights and benefits and to minimise labour disputes arising from COVID-19 issues.

If passed, the Amendment will provide the following main changes:

  • the absence from work of employees for compliance with a requirement with restriction on movement, imposed under the Prevention and Control of Disease Ordinance, will be deemed as sickness leave under the Employment Ordinance.
  • the dismissal of an employee grounded on the fact that the employee is subject to a restriction on movement is unreasonable.
  • on the contrary, it remains a valid reason for dismissal, the employee's non-compliance with a legitimate vaccination request (except with sufficient medical reasons). A legitimate vaccination request must be made in writing and must be transmitted to all employees carrying out the same or similar job duties. 

Employers are also encouraged to adopt a flexible and understanding attitude in respect of work arrangements, implementing work from home policy with the appropriate technology, assuring to protect confidential data and prevent data breaches, providing guidance to employees.

Finally, it is confirmed employers’ duty of maintaining a safe working environment for employees, even when they are no longer working in the office, making sure that their insurance covers accidents in home working situations.

The Amendment will also have a sunset clause, to be repealed when the pandemic is under control and vaccination is no longer a public health issue.