【Employer FAQ】Employment Protection
1. Under what circumstances can a helper make a claim for remedies against his/her employer for unreasonable dismissal?
The part on Employment Protection of the Employment Ordinance (the Ordinance) aims at discouraging employers from dismissing their employees in order to evade their liabilities under the Ordinance. A helper may claim for remedies for unreasonable dismissal under the following circumstances: he/she has been employed continuously for not less than 24 months; and he/she is dismissed other than for a valid reason as specified in the Ordinance.0.3 Under what circumstances can a helper make a claim for remedies against his/her employer for unreasonable and unlawful dismissal?
2. What are the valid reasons for dismissal?
Under the Ordinance, the 5 valid reasons for dismissal are relating to: the conduct of the helper; the capability or qualifications of the helper for performing his/her work; redundancy or other genuine operational requirements of the employer; statutory requirements; or other substantial reasons.
3. Under what circumstances can a helper make a claim for remedies against his/her employer for unreasonable and unlawful dismissal?
A helper may claim for remedies for unreasonable and unlawful dismissal under the following circumstances: he/she is dismissed other than for a valid reason as specified in the Ordinance; and the dismissal is in contravention of the law.
.4 Under what circumstances does a dismissal contravene the law?
Dismissal in the following circumstances contravenes the law: dismissal of a female helper who has been confirmed pregnant and has served a notice of pregnancy; dismissal whilst a helper is on paid sick leave; dismissal by reason of a helper’s giving of evidence or information in any proceedings or inquiry in connection with the enforcement of the Ordinance or work accidents; dismissal for joining trade union membership or union activities; or dismissal of an injured helper before the parties concerned have entered into an agreement for employee’s compensation or before the issue of a certificate of assessment.
5. What are the remedies for Employment Protection?
Remedies for Employment Protection, to be awarded by the Labour Tribunal, include an order of reinstatement or re-engagement, or an award of terminal payments and an award of compensation.#
# For the details of the circumstances in which a helper is protected under the Part on Employment Protection of the Ordinance, the kinds of remedies a helper may be awarded and the procedures to claim such remedies, please refer to the “A Concise Guide to the Employment Ordinance”. Copies of the Guide can be obtained at the branch offices of the Labour Relations Division or downloaded from the homepage of the Labour Department.
Source: Practical Guide For Employment Of Foreign Domestic Helpers
