Employment bill gazetted

2018-05-27 06:13:38

The Employment (Amendment) (No.2) Ordinance 2018, which was passed by the Legislative Council on May 17, was gazetted today.

It targets unreasonable and unlawful dismissal by empowering the Labour Tribunal to make an order for reinstatement or re-engagement.

In handling cases of employees' requests for reinstatement or re-engagement after unreasonable and unlawful dismissal, the tribunal can make an order without the employer's agreement if it considers it appropriate and practicable.

Employers failing to reinstate or re-engage the employee will have to pay them a further sum set at three times the employee's average monthly wages, subject to a maximum of $72,500.

This amount is on top of the terminal payments and compensation payable to the employee as ordered by the tribunal as currently provided in the Employment Ordinance.

It is a crime for employers not to pay the further sum without reasonable excuse.

The ordinance will come into operation on a day to be appointed by the Secretary for Labour & Welfare.

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