Scenario :
- Employee has been working for employer for 5 years
- Senior and exemplar employee no complaints about performance for 4.5 years
- Employee has terminal condition (cancer) and is predicted to live no more than 24 months.
- Employee has only been 50% present and equally only 50% effective at work for the past 6 months due to illness and treatments (chemo/radiation)
- It is expected that employee's performance will decline gradually as the illness progresses and employee will not get better
Aside : (I dont think this matters but I will state for completeness) employee has very good insurance plan provided by the employer for sickness and death benefits as well as loss of income.
Under labour laws of Hong Kong, what are the obligations of the employer towards this employee who has been ill and working sub-standardly due to illness for past 6 months? Is the employer allowed to terminate the employee? After 6 months? After 1 year? How long is the employee entitled to claim full salary?
HC