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

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

By Pattie Walsh, DLA Piper
Sweet & Maxwell Hong Kong December 2009

Specifications

ISBN-13
9789626613719
Publisher
Sweet & Maxwell Hong Kong
Publication
December 2009
Format
Paperback
Jurisdiction
Hong Kong ? Countri(es) for reference only

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
  1. Measures employers should take in relation to swine flu to ensure they are providing a safe system of work to employees
  2. Consequences of failing to provide a safe system of work.
  3. Leave entitlement, such as where employee suspected of having swine flu or family member has swine flu
  4. Position of pregnant women.
  5. Disability discrimination
  6. Data privacy obligations of employers
  7. Complications to watch out for when directing employees to stay away from work or to work from different location.
  8. When can employer direct employee to see doctor
  9. Termination of employment during a pandemic
  10. Use of force majeure clauses in context of swine flu
  11. 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

Table of Contents

Introduction
  1. Introduction

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

Leave Entitlements
  1. What are the rights and obligations under the Employment Ordinance of an employee who has contracted Human Swine Influenza?
  2. What are the obligations of an employee who is subject to isolation or quarantine?
  3. What are the obligations for closing the workplace or where an employee is at risk of having been exposed to the virus?
  4. 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
  1. What are the obligations to a pregnant employee who is concerned about a possible infection at the workplace?
  2. Can the employer direct an employee to remain away from the workplace?
  3. Can the employer direct an employee to see a doctor?
  4. What are the obligations to continue to pay wages and provide other entitlements to employees during an outbreak?
  5. Can the employer direct an employee to work from a different location?
  6. Can the employer terminate an employee during a pandemic?
  7. Can the employee refuse to attend the workplace if there is a pandemic?
  8. What are the disability discrimination issues for the employers?
  9. What is the employer’s liability under the Employees’ Compensation Ordinance?
  10. What are the employer’s obligations under the Personal Data (Privacy) Ordinance?
  11. What are the employer’s reporting obligations?
  12. What are the employer’s obligations to casual employees?

Useful Checklists
  1. Checklist for immediate action as precautionary measures
  2. Checklist for action once symptoms are noted
  3. Checklist for action once an employee has been certified as infected
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