Serving employees with disabilities who have elected the transitional arrangement under the Minimum Wage Ordinance by completing and signing jointly with their employers before 1 May the "Option Form" specified by the Labour Department may at any time invoke the productivity assessment viz. Before the completion of productivity assessment, these serving employees with disabilities may retain their original wage rate.
Adjustment of the SMW rate in the interim will also be applicable to them, i. After the assessment, the wage level of the employees with disabilities will be determined in accordance with the degree of productivity stated in the "Certificate of Assessment on the Degree of Productivity". The purpose of the trial period of employment under the Minimum Wage Ordinance is to allow employees with disabilities to get themselves used to the actual working environment and settle into their work before undergoing the assessment.
We note that many organisations are employing persons with disabilities with wages at not lower than SMW. Notwithstanding this, persons with disabilities whose productivity may be impaired by their disabilities are given an option to undergo assessment and be remunerated at a rate commensurate with their productivity so that the possible impact on their job opportunities upon implementation of SMW could be minimised.
Working abilities of many persons with disabilities are on par with their able-bodied counterparts. A lot of enterprises are enthusiastic in employing persons with disabilities at not less than the SMW rate upon the implementation of SMW. In general, employees with disabilities who have undergone the assessment and their employers respond positively to the assessment mechanism and consider its procedures not complicated at all.
To many persons with disabilities and their parents, job opportunities are important whilst salary level is sometimes regarded as a secondary consideration.
The productivity assessment mechanism aims not only to allow employees with disabilities to be remunerated at wages commensurate with their productivity but also to encourage employers to employ more persons with disabilities so as to enhance their employment opportunities. The approved assessors conducting productivity assessment for employees with disabilities are all experienced in vocational rehabilitation or other services in relation to the employment of persons with disabilities and their overall quality is good.
Some approved assessors who have performed assessment remark that they have good grasp of the procedures and skills of conducting assessment and the process has been very smooth.
Skip Content. The latest revision of the statutory minimum wage rate also applies to employees with disabilities. Those who have chosen the special arrangement are entitled to wages of not less than the amount to be calculated according to the revised rate. Rights of employees with disabilities relating to Statutory Minimum Wage.
Transitional arrangement for employees with disabilities engaged prior to the implementation of the Minimum Wage Ordinance. Comments on the implementation of the assessment mechanism from stakeholders concerned are appended below:. Login for Approved Assessor. The employee with disabilities may, before commencing employment, agree with the employer to undergo a trial period of employment of not more than 4 weeks to adapt and settle into the work before undergoing assessment.
The employee with disabilities contacts the approved assessor to be selected from the register of approved assessors of the Labour Department to conduct the assessment. The approved assessor conducts the assessment in the actual workplace of the employee with disabilities, collects detailed information on the work and selects appropriate factors to be considered and suitable methods of assessment.
The approved assessor explains the assessment result and issues the "Certificate of Assessment on the Degree of Productivity" to the employee with disabilities and the employer. The fee of the approved assessor is borne by the Labour Department. Serving employees with disabilities who opt for the productivity assessment can undergo the assessment directly without going through the trial period of employment. However, should their work be varied, the employees with disabilities may choose to invoke the assessment before the variation is due to take effect, and agree with their employers on a trial period of employment for the new work arrangement.
Selective Placement Division :. Hong Kong Office. Kowloon Office. New Territories Office. Trial periods An employer with 19 or fewer employees can use a trial period for up to 90 days as long as this is agreed in the written employment agreement before the employee starts work. If Omesh wanted a trial period for Jennifer, he should have made sure that she agreed to it, had a chance to get advice and raise any issues, and signed her employment agreement before she started work.
The exact time period must be stated, e. Even if an employee is on a trial period, they can still bring a personal grievance on grounds other than about their dismissal, for example: discrimination sexual or racial harassment pressure about union membership continuity of employment under Part 6A of the Employment Relations Act if the employer does something that unjustifiably disadvantages them if the employee starts working before the contract is signed if the employment contract does not mention that there is a trial period, or the employment contract does not contain a notice period in case of dismissal or resignation.
Example case study of a trial period found invalid external link Mediation is available to employees and employers at any time. The notice: must be the amount of notice in the employment agreement.
Tools and Resources Subscribe to our email newsletter Receive news and updates each month from Employment New Zealand. Due process dictates that an employee be apprised beforehand of the condition of his employment and of the terms of advancement therein. Villegas , G. Labor, for its part, is given the protection during the probationary period of knowing the company standards the new hires have to meet during the probationary period, and to be judged on the basis of these standards, aside from the usual standards applicable to employees after they achieve permanent status.
Under the terms of the Labor Code, these standards should be made known to the employees on probationary status at the start of their probationary period, or xxx during which the probationary standards are to be applied. Of critical importance in invoking a failure to meet the probationary standards, is that the employer should show — as a matter of due process — how these standards have been applied.
This is effectively the second notice in a dismissal situation that the law requires as a due process guarantee supporting the security of tenure provision, and is in furtherance, too, of the basic rule in employee dismissal that the employer carries the burden of justifying a dismissal. These rules ensure compliance with the limited security of tenure guarantee the law extends to probationary employees. Other than the general allegation that said standards were made known to her at the time of her employment, however, no evidence, documentary or otherwise, was presented to substantiate the same.
Neither was there any performance evaluation presented to prove that indeed hers was unsatisfactory. In the case at bar, absent any proof showing that the work performance of petitioner was unsatisfactory, We cannot conclude that petitioner failed to meet the standards of performance set by private respondents.
This absence of proof, in fact, leads Us to infer that their dissatisfaction with her work performance was contrived so as not to regularize her employment. This goes without saying that the employee is sufficiently made aware of his probationary status as well as the length of time of the probation.
Alacaraz , Ibid. The exception to the foregoing is when the job is self-descriptive in nature, for instance, in the case of maids, cooks, drivers, or messengers. Also, in Aberdeen Court, Inc. Agustin, it has been held that the rule on notifying a probationary employee of the standards of regularization should not be used to exculpate an employee who acts in a manner contrary to basic knowledge and common sense in regard to which there is no need to spell out a policy or standard to be met.
This conclusion is largely impelled by the fact that Abbott clearly conveyed to Alcaraz her duties and responsibilities as Regulatory Affairs Manager prior to, during the time of her engagement, and the incipient stages of her employment.
In this regard, it must be observed that the assessment of adequate duty performance is in the nature of a management prerogative which when reasonably exercised — as Abbott did in this case — should be respected. This is especially true of a managerial employee like Alcaraz who was tasked with the vital responsibility of handling the personnel and important matters of her department. Neither was it mentioned that the same were ever conveyed to respondent.
Even assuming that respondent failed to meet the standards set forth by CSR and made known to the former at the time he was engaged as a teacher on probationary status, still, the termination was flawed for failure to give the required notice to respondent. Rojo , G. Notably too, none of the supposed performance evaluations were presented. As such, his dismissal is, for all intents and purposes, illegal. Should they fail, they also have the right to know the reasons therefor.
In such capacity, he was able to uncover the existence of a drug syndicate within the school and lessen the incidence of drug use therein. However, no resignation letter was presented. However, in cases of probationary employment, aside from just or authorized causes of termination, an additional ground is provided under Article of the Labor Code, i.
Thus, the services of an employee who has been engaged on probationary basis may be terminated for any of the following: a a just or b an authorized cause; and c when he fails to qualify as a regular employee in accordance with reasonable standards prescribed by the employer. Luzon Development Bank , supra. This means they may only be terminated for just cause or when they otherwise fail to qualify as regular employees in accordance with reasonable standards made known to them by the employer at the time of their engagement.
Thereafter, the parties are free to renew the contract or not. This means they may only be terminated for a just cause or when they otherwise fail to qualify as regular employees in accordance with reasonable standards made known to them by the employer at the time of their engagement. If the termination is for cause, it may be done anytime during the probation; the employer docs not have to wait until the probation period is over.
Nonetheless, the power of the employer to terminate an employee on probation is not without limitations. First, this power must be exercised in accordance with the specific requirements of the contract. Second, the dissatisfaction on the part of the employer must be real and in good faith, not feigned so as to circumvent the contract or the law; and third, there must be no unlawful discrimination in the dismissal.
In termination cases, the burden of proving just or valid cause for dismissing an employee rests on the employer. Gatbonton , G. As with any other employees, a probationary employee may be separated from employment for authorized causes.
0コメント