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New staff constantly taking sick leave

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  1. #11

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    Feb 2005
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    Quote Originally Posted by ramelec:
    Cut the loss and sacked him. There is people who wants a job during this difficult Covid time!
    If he has a sick note from a doctor you cannot sack him that easily. @mystic you need to ask him to provide a sick note for this week, if he hasnt got one then you can warn him probably that he will be terminated for not turning up to work.

    Paid Sick Leave: An employer shall not dismiss an employee whilst the employee is on paid sick leave.

    Offences and Penalties: An employer dismissing an employee under the above circumstances is liable to prosecution and, upon conviction, to a fine of $100,000
    https://www.labour.gov.hk/eng/public...seGuide/09.pdf

  2. #12

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    Jan 2010
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    An employee can accumulate paid sickness days after having been employed under a continuous contract. Paid sickness days are accumulated at the rate of two paid sickness days for each completed month of the employee's employment during the first 12 months, and four paid sickness days for each completed month of employment thereafter. Paid sickness days can be accumulated throughout the whole employment period, but shall not exceed 120 days at any one time.
    If he started in June, you don't have to pay him while he is on sick leave. He also must provide you with the certificate to be covered by the sick leave protections and the certificate must clearly state the number of sick days.
    shri and mysti like this.

  3. #13

    Join Date
    Dec 2013
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    Have you tried asking him to work from home? It's possible he's scared of Covid but doesn't want to say that. Perhaps if you suggest he can work from home you would get some useful work out of him.

    Otherwise, as noted above, he's not accumulated enough paid sick days to be paid if he started in June, so you can just stop paying him.

    We had an employee like this a few years back. He had a mental health issue. But again, just vanished, didn't communicate etc. It took months to let him go because we could not even find him (he went home to India without telling us). These kinds of things can be really tricky. I think you have to do as much as you think is reasonable (karma is a bitch) but when it's all just too much, you have to let him go.

    greenmark and angeluscomplex like this.

  4. #14

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    May 2020
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    Quote Originally Posted by ramelec:
    Cut the loss and sacked him. There is people who wants a job during this difficult Covid time! It's obviously he's using Medical leave to abuse your company.
    You'd be surprised at how many people we call for interviews that don't show up...I wonder if that's the norm in HK

  5. #15

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    Jan 2019
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    probation period is in the ordinance. it doesnt need to be in the contract.
    https://www.labour.gov.hk/eng/faq/cap57d_whole.htm
    you can argue the sick days do not count towards the probation period.

    real question is, why cant he work from home. i wold get him a standing desk to minimize his arthritis.


  6. #16

    Join Date
    May 2020
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    Quote Originally Posted by HK_Katherine:
    Have you tried asking him to work from home? It's possible he's scared of Covid but doesn't want to say that. Perhaps if you suggest he can work from home you would get some useful work out of him.

    Otherwise, as noted above, he's not accumulated enough paid sick days to be paid if he started in June, so you can just stop paying him.

    We had an employee like this a few years back. He had a mental health issue. But again, just vanished, didn't communicate etc. It took months to let him go because we could not even find him (he went home to India without telling us). These kinds of things can be really tricky. I think you have to do as much as you think is reasonable (karma is a bitch) but when it's all just too much, you have to let him go.
    I'm not sure they would allow him to work from home given his record.

    He only came in last Friday (for less than 15 mins) because we said we HAD to see that doctor's note. I have a feeling he will do the same tomorrow - show up and then leave...it's getting frustrating. My colleague jokingly said he's probably trying to stall his time because he knows he'll get fired sooner or later but since he's not getting paid, why won't he just resign?

  7. #17

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    Aug 2006
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    Quote Originally Posted by mysti:
    You'd be surprised at how many people we call for interviews that don't show up...I wonder if that's the norm in HK
    What is the job description and responsibilities as advertised?
    Sage likes this.

  8. #18

    Join Date
    Oct 2019
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    Silver Coast
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    You must have something in your contract regarding 'capability'... i.e. I he is incapable of doing the job...

    https://www.tribunalclaim.com/dismis...%20dismissals.

    spode and mysti like this.

  9. #19

    Join Date
    May 2020
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    Quote Originally Posted by Mr Chips:
    You must have something in your contract regarding 'capability'... i.e. I he is incapable of doing the job...

    https://www.tribunalclaim.com/dismis...%20dismissals.
    Ooh thank you! Will look into this!
    angeluscomplex likes this.

  10. #20

    Join Date
    Jan 2015
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    258

    As above, performance manage them out. If they were serious about the job they'd at least communicate better than this.

    shri and angeluscomplex like this.

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