Q6.3
Can an employer dismiss a pregnant helper?
A
No. Except in cases of summary dismissal due to the helper’s serious misconduct, an employer is prohibited from dismissing a pregnant helper from the date on which she is confirmed pregnant by a medical certificate to the date on which she is due to return to work on the expiry of her maternity leave.
An employer who contravenes the provision is liable to prosecution and, on conviction, a fine of HK$100,000. He/She is also required to pay the helper:
wages in lieu of notice;
a further sum equivalent to one month’s wages as compensation*; and
10 weeks’ maternity leave pay if, but for the dismissal, she would have been entitled to such payment.
The helper may also claim remedies for unreasonable and unlawful dismissal under the part of Employment Protection of the Employment Ordinance (see Chapter 9).
*
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