Influenza A (H1N1) - Practical Strategies for Employers in Hong Kong

Author: Pattie Walsh, DLA Piper
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789626613719
Published In: December 2009
Format: Paperback
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents

Details

The World Health Organisation recently classified swine flu as an international pandemic. As it rapidly spreads across countries, affecting our daily lives, businesses need to conduct a self-audit and develop contingency plans to deal with the outbreak. Employers need to be aware of their potential liability to employees should they fail to provide a safe system of work, discriminate against employees with swine flu or breach data privacy regulations.

Sweet & Maxwell is soon to publish a new title to deal with the difficult legal issues that many companies are still unaware of but are legally liable to follow. This title has been written with the employer in mind and gives you a reassuring outline of all the legal responsibilities, highlighting how guidelines differ depending on the staff role and including useful checklists and case studies.

Topics & Features

Measures employers should take in relation to swine flu to ensure they are providing a safe system of work to employees
Consequences of failing to provide a safe system of work.
Leave entitlement, such as where employee suspected of having swine flu or family member has swine flu
Position of pregnant women.
Disability discrimination
Data privacy obligations of employers
Complications to watch out for when directing employees to stay away from work or to work from different location.
When can employer direct employee to see doctor
Termination of employment during a pandemic
Use of force majeure clauses in context of swine flu
Employer’s reporting obligations

Other features:

Checklists for conducting self-audit and developing contingency plan
Checklist for where employee suspected of having swine flu
Checklist for where confirmed case of swine flu
Extensive case studies, highlighting what actions an employer can lawfully take and what actions might be unlawful

Introduction

Introduction

Health and Safety

What are the obligations under the Occupational Safety and Health Ordinance?

Leave Entitlements

What are the rights and obligations under the Employment Ordinance of an employee who has contracted Human Swine Influenza?
What are the obligations of an employee who is subject to isolation or quarantine?
What are the obligations for closing the workplace or where an employee is at risk of having been exposed to the virus?
What are the obligations of the employer where an employee who has requested time-off to care for family?

Employers’ Duties and Employees’ Rights under the Employment Contract

What are the obligations to a pregnant employee who is concerned about a possible infection at the workplace?
Can the employer direct an employee to remain away from the workplace?
Can the employer direct an employee to see a doctor?
What are the obligations to continue to pay wages and provide other entitlements to employees during an outbreak?
Can the employer direct an employee to work from a different location?
Can the employer terminate an employee during a pandemic?
Can the employee refuse to attend the workplace if there is a pandemic?
What are the disability discrimination issues for the employers?
What is the employer’s liability under the Employees’ Compensation Ordinance?
What are the employer’s obligations under the Personal Data (Privacy) Ordinance?
What are the employer’s reporting obligations?
What are the employer’s obligations to casual employees?