Labour Department Annual Report 2003

 

CHAPTER 1

HIGHLIGHTS OF THE YEAR 2003

Labour Department

1.1 2003 was a challenging year for the Labour Department. Continued economic downturn combined with and the Severe Acute Respiratory Syndrome (SARS) struck a great blow to Hong Kong, pushing the unemployment rate to a record high of 8.7 per cent. Despite these, we adopted a pro-active and pragmatic approach in tackling the challenges, resulting in a number of remarkable achievements in our services.

1.2 Since July 2003, the Labour Branch of the Economic Development and Labour Bureau has merged with the Labour Department. The new organisation retains the corporate title of Labour Department and is headed by the Permanent Secretary for Economic Development and Labour (Labour), who has also assumed the role of Commissioner for Labour. The streamlining aims at achieving a better integration of formulation and implementation of labour policies, as well as increasing efficiency and economy.

SARS-Related Initiatives

SARS-related Employment Packages

1.3 In response to the outbreak of SARS and to prepare for the entry of school leavers into the labour market in the summer of 2003, two employment-cum-training packages, coordinated by the Labour Department, were rolled out in May and July 2003 respectively. A total of 53 550 employment-related/training openings were created at a cost of $1.15 billion. Of these, 30 550 were short-term employment-related openings (with 8 350 temporary jobs for youths) and 23 000 training openings (with 6 000 for youths).

1.4 Altogether 17 000 training places were offered under the Skills Enhancement Project (SEP), which was designed to provide trade-specific and generic training to employees of industries hard-hit by SARS. Eight weeks of training was offered to those belonging to the catering, retail, tourism, hotel, passenger transport, building decoration, and real estate, as well as airport and related industries who had become unemployed or had to take no-pay leave owing to the outbreak of SARS. With an enrolment rate of about 90 per cent, SEP was well received by the trainees. Many of them found the opportunity to upgrade their trade-related knowledge valuable and well worth their time.

1.5 Meanwhile, to address the mismatch in supply and demand in the local domestic helper (LDH) market and to promote LDH service so as to enhance the hygienic conditions in households after the outbreak of SARS, an incentive allowance scheme was launched in June 2003 as part of the SARS-related employment packages. A sum of $60 million has been earmarked to provide allowance to qualified LDHs who are willing to work in a district different from the one in which they reside or during unsocial hours (i.e. 5 pm to 9 am). It is estimated that some 8 000 LDHs will benefit from the scheme. Successful applicants will receive an allowance of $50 per day for a maximum of 24 days per month or 144 days in a year. The maximum allowance to be obtained for each LDH is $7,200. As at end-2003, there were 993 approved applications.

Loan Guarantee Scheme for SARS Impacted Industries

1.6 Following the outbreak of SARS, the Government established a low-interest Loan Guarantee Scheme (the Scheme) with a commitment of $3.5 billion to help needy employers in the worst-hit industries including tourism, restaurants, retail and entertainment businesses to tide over the difficult period and preserve jobs. The department assisted in the administration and publicity of the Scheme. At the close of application for the Scheme on 31 July 2003, 1 802 loan applications were received. Of these, 1 559 applications with a total loan amount of $499,204,781 were approved. The successful applicants employed altogether 18 236 staff.

Promotion Work during the Outbreak of SARS

1.7 To help resolve labour relations issues arising from the outbreak of SARS, the Labour Department mapped out enlightened human resources strategies in collaboration with the various industry-based tripartite committees and Human Resource Managers’ Clubs. The department also published guidelines and distributed reference materials to employers and employees through newspapers and the electronic media.

SARS-related employment guidelines.

SARS-related employment guidelines.

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Review of the Policy on Foreign Domestic Helpers (FDHs)

1.8 Hong Kong has been importing FDHs since the 1970’s. The policy on the importation of FDHs had by and large been unchanged over the years. In 2003, as part of the formulation of the Population Policy, the Hong Kong Special Administrative Region Government conducted a comprehensive review on the policy on FDHs. Following the review, we adjusted the minimum allowable wage of FDHs on 1 April 2003, after taking account of the prevailing local economic and employment situation and in accordance with established practices. We have also extended the Employees Retraining Levy under the Employees Retraining Ordinance to employers of FDHs as from 1 October 2003. The funds so generated will be used for training and retraining the local workforce, with a view to upgrading their quality and competitiveness. We have also stepped up the enforcement of the standard employment contract, especially against the alleged underpayment of wages, and have taken steps to promote the service of local domestic helpers through the provision of an incentive allowance as outlined in paragraph 1.5 above.

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Employment Services

New Employment Services

1.9 We continue to strengthen our employment service to job-seekers. Three new employment programmes, namely, the Re-employment Training Programme for the Middle-aged, the District Employment Programme for the Middle-aged and the Graduate Employment Training Scheme were launched in the year. A record high of 66 100 placements was secured through the Labour Department in 2003. The number of vacancies solicited, at 225 106, also broke past records, while the number of placements in October (6 739) was the highest in a single month.

Youth Work Experience and Training Scheme (YWETS)

1.10 The $400 million YWETS, launched in July 2002 to provide on-the-job training of six to twelve months for young people aged between 15 and 24 with educational attainment below degree level, achieved encouraging results in 2003. With the enthusiastic support of employers and social partners, the target to provide 10 000 training places for young people in two years was achieved in November 2003, eight months ahead of schedule. As at the end of December 2003, 10 971 trainees were successfully placed in training vacancies under the scheme. In addition, 7 632 trainees were placed in other jobs in the open employment market with the advice and assistance of their case managers.

Trainees performing in a joint function of YWETS and YPTP.

Trainees performing in a joint function of YWETS and YPTP.

Youth Pre-employment Training Programme (YPTP)

1.11 In 2003, the YPTP provided training to about 10 300 young persons aged between 15 and 19. Apart from those who decided to pursue further studies on completion of the programme, about 65 per cent of the trainees had secured employment. In response to SARS, the training capacity was expanded from 12 000 to 18 000 in the new phase of the programme to benefit more young people.

YPTP trainees participating in an experience sharing Day Camp.

YPTP trainees participating in an experience sharing Day Camp.

Enlightened Employers Award

1.12 This award is to commend employers for their distinctive efforts in providing employment opportunities for people with a disability. In 2003, ten companies won the award.

The Permanent Secretary for Economic Development and Labour, Mr Matthew Cheung Kin-chung (centre), pictured with 10 winners of the "Enlightened Employers Award".

The Permanent Secretary for Economic Development and Labour, Mr Matthew Cheung Kin-chung (centre), pictured with 10 winners of the "Enlightened Employers Award".

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Labour Relations

Record Settlement Rate since 1997

1.13 Of the 427 disputes and 33 689 claims handled in the year, 65.1 per cent was resolved by our conciliation efforts, a record high since the financial turmoil of 1997.

Stepping Up Enforcement Against Wage Offences

1.14 In 2003, the Labour Department secured convictions for 445 summonses on wage offences, a significant increase of 220 per cent when compared with 139 convicted summonses in 2002. The Employment Claims Investigation Unit continued to conduct in-depth investigation into suspected wage offences in order to take out speedy prosecution. The department also strengthened its educational and promotional efforts to remind employers of their statutory obligation in paying wages on time and to encourage employees to lodge claims promptly and come forward as prosecution witnesses.

Strengthening Tripartite Cooperation among the Government, Employers and Employees

1.15 A large-scale seminar on "Strengthening Platforms of Tripartite Cooperation" was organised, with favourable response from employers, employees representatives and human resource practitioners.

The Permanent Secretary for Economic Development and Labour, Mr Matthew Cheung Kin-chung, delivering a speech at the seminar on "Strengthening Platforms of Tripartite Cooperation".

The Permanent Secretary for Economic Development and Labour, Mr Matthew Cheung Kin-chung, delivering a speech at the seminar on "Strengthening Platforms of Tripartite Cooperation".

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Employee Rights and Benefits

Vigorous Enforcement against Illegal Employment

1.16 We adjusted our enforcement strategy in combating illegal employment in order to better protect the employment opportunities of local workers. In addition to territory-wide workplace inspections to create a widespread deterrent effect, we frequently mounted intelligence-led operations with the Police and the Immigration Department. The number of joint operations, at 36, was 140 per cent more than the figure in 2002. We strengthened the collection of intelligence to support the new enforcement mode and publicised extensively the complaint telephone hotline (2815 2200), to encourage the public to report on illegal workers. Greater publicity was also given to the operations to enhance deterrent and education effects. As a result, a record high of illegal workers (490) were detected.

Labour inspectors detecting illegal workers in a joint operation with the Police.

Labour inspectors detecting illegal workers in a joint operation with the Police.

Improving the Occupational Deafness Compensation Scheme

1.17 The Occupational Deafness (Compensation) (Amendment) Ordinance 2003 came into operation in May, introducing a package of measures to improve employees’ benefits under the Occupational Deafness Compensation Scheme. The major improvement items include raising the minimum and maximum levels of compensation in accordance with the rate of nominal wage increase, revising upwards the percentage of permanent incapacity, providing reimbursement of expenses for hearing assistive devices, adding four new specified noisy occupations and empowering the Occupational Deafness Compensation Board to conduct or finance rehabilitation programmes.

Safeguarding the Rights of Employees of Government Service Contractors

1.18 To protect labour rights, we improved communication with procuring departments so that the latter could monitor more stringently their outsourcing service contractors who mainly deploy low-skilled workers. Offence records were sent to these departments for administrative sanctions against contractors. Briefings on labour laws were also given to the procuring departments and their contractors. Complaints were investigated promptly and vigorous workplace inspections conducted.

Safety and Health at Work

Legislative Improvements on Construction Site Safety

1.19 To improve the overall safety performance on construction sites, the Construction Sites (Safety) Regulations and three related regulations were amended in November 2003. The amendments extend the duties imposed on the principal contractor of a construction site to other contractors who have control on the way any construction work is carried out on the site.

Safety Award Schemes

1.20 Two safety award schemes were organised in the catering and construction industries to inculcate a safety culture and to enhance the safety awareness of employers, employees and their families. The schemes featured a variety of activities, including open safety performance competitions, safety and health seminars, roving exhibitions, site visits, radio programmes, broadcast of promotional films on "Roadshow" and award presentation ceremonies-cum-fun days.

Adjudicators of the Catering Industry Safety Award Scheme assessing safety and health performance of a participating establishment.

Adjudicators of the Catering Industry Safety Award Scheme assessing the safety and health performance of a participating establishment.

Construction Industry Safety Award Scheme Awards Presentation Ceremony-cum-Fun Day.

Construction Industry Safety Award Scheme Awards Presentation Ceremony-cum-Fun Day.

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Strengthening Local and International Partnerships

Labour Day Reception

1.21 On 1 May 2003, the Secretary for Economic Development for Labour hosted a cocktail reception at Government House to celebrate the Labour Day and to show our recognition of the contributions of the workforce. The reception was officiated by the Chief Executive and attended by some 200 guests from trade unions, employer associations and other organisations.

Labour Day Reception.

Labour Day Reception.

Contacts with Other Labour Administrations

1.22 We maintain active liaison and interflow with other labour administrations through visits and participation in International Labour Organization activities. In June 2003, a tripartite team of government officials, employer and employee representatives of the Labour Advisory Board attended the International Labour Conference in Geneva to keep themselves abreast of the latest development of international labour standards. The occasion also strengthened their rapport with counterparts in other countries / regions, thereby facilitating future co-operation.

(Front row) The Vice Minister of the Ministry of Labour and Social Security of the State Council, Mr Li Qiyan (second from right); the Ambassador and Permanent Representative to the Permanent Mission of the People's Republic of China at Geneva, Mr Sha Zukang (first from right); and Assistant Commissioner for Labour (Employment Services), Mr Tsang Kin-woo (third from right) attending the 91st Session of the International Labour Conference.

(Front row) The Vice Minister of the Ministry of Labour and Social Security of the State Council, Mr Li Qiyan (second from right); the Ambassador and Permanent Representative to the Permanent Mission of the People’s Republic of China at Geneva, Mr Sha Zukang (first from right); and Assistant Commissioner for Labour (Employment Services), Mr Tsang Kin-woo (third from right) attending the 91st Session of the International Labour Conference.

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