Hong Kong: refusal to get the Covid-19 vaccine may result in employment dismissal

In early February 2022, the Hong Kong government announced that it would amend the Employment Ordinance in order to prevent labour disputes arising from the new social distancing measures. The Employment Amendment Bill was published in the Official Journal on 25 February. Among other things, it provides that workplace absences that fall within the requirements of the Prevention and Control of Disease Ordinance (Cap. 599) must be given one or more sick-leave days and with compensation. In addition, any dismissal on the grounds that an employee has been absent due to travel restrictions imposed by the health measures, including ‘sudden lockdowns’ and ‘home quarantining’, such as have previously occurred, will be considered as ‘unreasonable dismissal.’ On the other hand, the bill allows for employees to be dismissed if they refuse to get Covid-19 vaccinated (except for established medical reasons), based on the introduction of the ‘vaccine pass.’ Nevertheless, exemptions remain, notably for pregnant and breastfeeding employees. This extraordinary amendment is expected to pass without debate in the local assembly in the coming days and will only be valid as long as the measures tackling the disease remain in effect.