Rights of Employers and Employees During 'COVID-19' and 'Hong Kong Protests'

Hong Kong has been experiencing "Coronavirus" (COVID- 19), "Anti-Extradition Law Movement and Protests". Employers and Employees have significant concerns about the legal rights during this period, especially in relation to the employment relationships (including "work from home", "unpaid leave", "strike", "posting slogan at office", "receiving interview during parade at lunch hours"). In this workshop, practising Solicitor Prof. Albert So will share insights and discuss various such employment situations.

Speaker(s)

Albert So
Chairman of Hong Kong Mediation and Arbitration Centre

Honorary Professor, University Lecturer, Executive Committee Member of International Chamber of Commerce (Hong Kong), Accredited Mediator, Accredited Family Mediator, Arbitrator, Certified Anti-Money Laundering Specialist, Certified Financial Crimes Specialist, Member of Association of Certified Fraud Examiners, Honorary Legal Advisor of Tung Wah Group of Hospitals (Long Love Integrated Family Services Centre)

Legal Columnist; President of Law Society of One Belt One Road; Chairman of Wealth Succession Planning Association; 2018 Best Global Trust Lawyer

BEng(Hons); LLB(Hons); PCLL(HKU); PGCert(Cambridge); ExeEd(Harvard); MHKIoD; FHKMAAC; FHKIArb; FRAS, Fellow of International Bar Association; Honorary Legal Advisor

Coronavirus Containment Measure:
- Please be considerate toothers and wear a mask while in the Chamber to minimize the risk of spreading the coronavirus.
- To minimise the risk of spreading the coronavirus, if you or a family member has been overseas within 14 days of this event, then we kindly request that you do not attend.

1. If an employer asks employees to take "unpaid leave" and an employee doesn't agree, what actions can the employer take ? Does the employer have rights to lay off that employee?

2. If an employee got infected with COVID-19 in the course of employment, can the employee claim it as a "work-related injury" ?

3. On ceasing operation, if the wording of "close down of business" is not being used, instead, it is just "temporarily suspension of business" so that people don't know when the business will resume operation, what kind of compensation can the employees get?

4. Can the company require employees to do (or prohibit them to do) any particular things amidst "strike" and "social unrest"? For instance, not allowing them to post political messages at the office? Or requesting employees to (or not to) participate in protests on their days-off?

5. During "social unrest", if an employee participated in protests during their lunch breaks and got arrested, what kind of legal responsibilities does the employee need to bear? Also, will his participation be regarded as a reflection on the political stance of the company?

6. Some restaurants/shops openly state that they will not serve people of certain political stance or with respiratory symptoms. Will this have legal consequences or be considered as a discriminatory act?