HK EO changes: what HR needs to know

Key Changes

• A city-wide ‘vaccine pass’ will launch on 24 February covering a total of 23 workplaces including cinemas, restaurants, malls, wet markets, department stores and supermarkets.
• Unvaccinated employees can be terminated after the pass introduction if they are unable to carry out their duties at one of the covered locations due to vaccine requirements—this will not be classed as ‘unreasonable dismissal.’
• Terminating employees who are sent to quarantine or placed under lockdown will be classed as ‘unreasonable dismissal’ with legal consequences.
• Additional subsidies will be made available to frontline workers including security guards, cleaners and those facing a high risk of infections

New Amendments

The Hong Kong Government announced yesterday changes to the territory’s Labour Ordinance in light of the continuing wave of the pandemic. In Tuesday’s press conference, Chief Executive Carrie Lam Cheng Yuet-ngor said the government will make amendments to the Employment Ordinance to minimise conflicts between employers and employees over the latest anti-epidemic measures.

The change comes as a sigh of relief for workers across the city following alleged reports by some employees that they were terminated when their buildings were placed under mandatory lockdown or issued with compulsory testing notices. The amendment will stipulate that employers cannot sack workers if their home estate or building is locked down or if they are sent to quarantine. Instead, the workers will be eligible for sick leave, and their sacking will be considered as an ‘unreasonable dismissal’ with legal consequences.

On the other hand, another change was also highlighted by Ms Lam. Employers won’t be considered to have made an ‘unreasonable dismissal’ if they fire an unvaccinated staff member who cannot carry out their duties at the venues covered by the impending ‘vaccine pass’ from 24 February. The expanded list of workplaces includes a total of 23 venues which now includes shopping malls, supermarkets, department stores and hair salons—covering a wide swath of the workforce.

How should HR respond if an employee is under lockdown or sent to quarantine?

• Designate a point of contact within the organisation that can immediately contact the affected employee and let them know how the company can support them during the affected period.
• Make them aware that they will be placed on sick leave and not terminated—if they are able to work from home or the quarantine facility, allow them to do so.
• Touch base regularly—do not leave them isolated, get them involved in team activities virtually.
• Be agile—have in place scalable measures to respond to the situation fluidly.
• Make employees aware of the changes and company policies—this will help them feel secure and ease their stress should the unfortunate happen to them.