6. My boss fired me during my sick leave for which I had a valid medical certificate. Has he violated the law?
Employers are prohibited from terminating contracts of employment of employees during paid sickness leave, except in cases of summary dismissal due to serious misconduct.
Offences and Penalties
Employers who contravene the above provision are liable to prosecution and, upon conviction, to a fine of $100,000. Employers are also required to pay the following sum of money to dismissed employees within seven days after the day of termination:
- wages in lieu of notice;
- a further sum equivalent to seven days' wages; and
- any sickness allowance to which the employee is entitled.
You can also claim remedies/compensations against your employer if you were dismissed other than for a valid reason as specified in the Employment Ordinance (please refer to the Q&A for “unreasonable and unlawful dismissal” ).