Chapter 10

10

Employment Protection

Employers and domestic Workers

Q10.1 Under what circumstances can a FDH claim for unfair dismissal from an employer?

The employment protection section of the Employment Ordinance (the Ordinance) is intended to prevent employers from dismissing employees to evade their obligations under the Ordinance.

A FDH can claim for unfair dismissal if:

he/she has been employed continuously for not less than 24 months; and he/she is not dismissed for a valid reason as specified in the Ordinance.

Q10.2 What are the valid reasons for dismissal?

Under the Ordinance, the five valid reasons for dismissal relate to: the conduct of the FDH;

the ability or qualifications of the FDH to perform his/her job;

redundancy or other genuine operational needs of the employer; statutory requirements; or

other substantive reasons.

Q10.3 Under what circumstances can a domestic worker claim remedies against unreasonable and unlawful dismissal by her employer?

A domestic worker can claim remedies for unreasonable and unlawful dismissal if:

the dismissal is not based on a valid reason as specified in the Ordinance; and

the dismissal is contrary to the law.

Q10.4 Under what circumstances would dismissal be against the law?

Dismissal in the following circumstances would be against the law:

Dismissal of a domestic worker who has confirmed her pregnancy and has given notice of pregnancy;

Dismissal during the domestic worker’s paid sick leave;

Dismissal for giving evidence or information in any legal proceedings or inquiries relating to the enforcement of the Ordinance or work-related accidents;

Dismissal for joining a trade union or participating in trade union activities; or

Dismissal of an injured domestic worker before the parties have signed an employees’ compensation agreement or issued an assessment certificate.

Q10.5 What are the remedies for employment protection?

The employment protection remedies that the Labour Tribunal may make include a reinstatement order or a re-engagement order, or an award of termination payments and compensation. #

# For information on the circumstances under which domestic workers are protected under the “Employment Protection” section of the Employment Ordinance, the types of remedies that may be awarded and the procedures for claiming such remedies, please refer to the “A Concise Guide to the Employment Ordinance”. The guide is available at any branch office of the Labour Relations Division or can be downloaded from the Labour Department’s website.