If you have a left BB, don’t you fry it?
According to Hong Kong’s anti-discrimination ordinance and employment ordinance, an employer is generally not allowed to dismiss an employee because she is pregnant:
- Pregnancy is a type of leave protected by law and an employer cannot terminate an employee’s employment contract on the ground of pregnancy or maternity leave, otherwise it may be suspected of contravening the Anti-Discrimination Ordinance.
- If the probationary period is still ongoing, the employer may terminate the contract before the end of the probationary period, but the probationary period cannot be terminated on the ground of pregnancy.
- An employer may only dismiss a pregnant employee for operational purposes if the company lays off employees or closes down the business, provided that the principle of “last joined, first dismissed” is met.
- If a pregnant employee behaves badly or misbehaves, the employer may terminate the employee’s employment in accordance with normal disciplinary procedures, but the reason cannot be related to the pregnancy.
- Pregnant employees have the right to reduce the number of hours worked, and the employer cannot dismiss the employee for this reason.
In other words, it is illegal to dismiss an employee simply because she is pregnant. Employers should protect the legitimate rights and interests of pregnant employees and provide appropriate maternity leave and support. In case of dispute, you may seek assistance from the Labour Department.
Section 15 https://www.elegislation.gov.hk/hk/cap57!zh-Hant-HK of the Employment Ordinance
