| Subject: See if this works to safeguard yourselves-> |
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Date Posted: 04:48:17 05/17/04 Mon
In reply to:
香城妖姬Eunice
's message, "情緒低落，Depression發作" on 00:08:13 05/17/04 Mon
1/ There is no protection to woman, the legislation only protects children , young persons, pregnant women, persons of disability.
2/ No provisions as to limitations on duration of OT affairs.
Notice of OT must be given 48 hours in advance unless there is an emergency.
A schedule of working time must be given at beginnning of each month. If the nature of notice generally is on a weekly basis, it must be given 7 days in advance.
Usually, employer will not adopt this requirements. If anything goes to Tribunal, they will escape cos'it does not amount to serious misconduct .
3/ Your case could amount to a fault in operational requirements (32K(c) shown below). The fault is not yours,but they could recorded it for future use.
Find your way to proof it is instructed by others as for evidence of later use in a Tribunal. Also, you can make a copy for any instructions for OT. Since they had been given notice (had to be shown) by you that you are not emotionally fit for OT, you can sue them for damages ($)later if any "deterioration" "resulted" from OT. There is a case proved success in UK.
Expert evidence is needed for it if so.
The expenses of the litigation & employing an expert to show the deterioration and the causation (means resulted from OT) can be claimed from Legal Aid.
The notification of you to them that you have such emotional problem unfit for OT (together with the written advice given by doctor)should be shown by you later.
Of course, written evidence is better than oralones .
___________________________________________________
Info for your kindly reference-
Employment Ordinance
s32K Reasons for the dismissal or the variation of the terms of the contract of employment
For the purposes of this Part, it shall be a valid reason for the employer to show that the dismissal of the employee or the variation of the terms of the contract of employment with the employee was by the reason of-
(a) the conduct of the employee;
(b) the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do;
(c) the redundancy of the employee or other genuine operational requirements of the business of the employer;
(d) the fact that the employee or the employer or both of them would, in relation to the employment, be in contravention of the law, if the employee were to continue in the employment of the employer or, were to so continue without that variation of the terms of his contract of
employment; or
(e) any other reason of substance, which, in the opinion of the court or the Labour Tribunal, was sufficient cause to warrant the dismissal of the employee or the variation of the terms of that contract
of employment.
(Part VIA added 75 of 1997 s. 4)
http://www.cklaw.org.hk/oncall/legalcase.htm
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