In Hong Kong, certain employees are protected from termination under the Employment Ordinance. They cannot be dismissed except for serious misconduct or other legally justified reasons. Here’s a quick overview of the key protected groups:
1. Pregnant Employees
Pregnant employees cannot be dismissed solely due to pregnancy. Dismissal can only occur for serious misconduct or significant legal grounds.
2. Employees on Paid Sick Leave
Employees on paid sick leave are protected from termination. Employers cannot dismiss employees while they are on certified sick leave.
3. Trade Union Members or Participants
Employees cannot be dismissed due to their membership in or activities related to trade unions. This is prohibited by law to prevent discrimination.
4. Employees Suffering Occupational Injury
Employees who suffer an occupational injury cannot be dismissed until proper procedures, including a compensation agreement or certificate of assessment, are completed.
These protections ensure that certain employees are not unfairly dismissed under specific circumstances. Employers must comply with these laws to avoid wrongful dismissal claims.