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Hong Kong : Workers get Covid sick leave, but the unjabbed risk sack

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Workers get Covid sick leave, but the unjabbed risk sack​


Top News | 16 Jun 2022

https://www.thestandard.com.hk/section-news/section/11/242705/Workers-get-Covid-sick-leave,-but-the-unjabbed-risk-sack
Wallis Wang

Workers are now entitled to sick leave if they have contracted Covid, been ordered to undergo quarantine or are subject to health restrictions after the Legislative Council yesterday passed an amendment bill.

But the Employment Ordinance amendment bill also gives employers the right to fire workers who refuse to be vaccinated.

Many lawmakers supported the amendment, including Election Committee member Rebecca Chan Hoi-yan, who said it will protect the rights and interests of employees who are quarantined

But Chan said the government failed to handle compensation to people who got infected due to their job - including frontline medical workers, security guards and cleaners - and urged that this be rectified as soon as possible.

Labor sector lawmaker Dennis Leung Tsz-wing said the clear guidelines could also help avoid labor disputes.

However, some small and medium-sized companies are worried about operational pressure and manpower shortage as the government included a range of non-medical causes under sick leave, Leung said.

Bill Tang Ka-piu from the Hong Kong Federation of Trade Unions said lawmakers still do not know when the amended bill will come into effect, criticizing the government for failing to solve workers' concerns in time.

His partymate Kingsley Wong Kwok said the amendment was too late. Many workers could not work due to the pandemic earlier and some had to undergo a 14-day quarantine, causing them to use their annual leave or take no-pay leave, he added.

Wong said it is a shame that workers who were affected in the fifth wave were not protected by the amendment as the bill is not retroactive.

He said the government has to learn from the experience and handle such urgent law amendments more quickly in the future.

Federation of Hong Kong and Kowloon Labour Unions lawmaker Lam Chun-sing said he could only support the amendment "with tears" because it was not retroactive and could not help workers who were infected or quarantined earlier.

But he said the bill will be able to provide protection for workers if a sixth wave hits Hong Kong.

Secretary for Labour and Welfare Law Chi-kwong said making the bill retroactive is unreasonable and may cause chaos.

"I have to stress that if the amended bill is retroactive, it may make legal situations illegal, leading to unforeseen and unmanageable disputes for both employees and employers," Law said.

Democratic Party spokesman on labor policy Kelvin Sin Cheuk-nam criticized the amendment as a "delayed spring" for employees. He said it is unfair for workers who were fired or forced to take no-pay leave during the fifth wave.

He also opposed the vaccination requirement, insisting that authorities should respect people's decisions on whether or not to get jabbed.

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