A
Guide to the Employment of Child Entertainers
Introduction
Definition of children
General
prohibition of employment of children
Special permission granted by the Commissioner for Labour
Classification of child entertainers
Application procedures
Standard conditions imposed upon the grant of the special
permission
Children participating in cultural performance
Employment
of overseas child entertainers
Offences and penalties
Relevant labour legislation
Enquiries and complaints
Introduction
The Employment of Children Regulations, made under the Employment Ordinance
(Cap. 57), prohibit the employment of children in industrial undertakings
and regulate the employment of children in non-industrial establishments,
so as not to interfere with their schooling.
However, an employer in the entertainment, advertising or related field
may, due to genuine need of the industry, find it necessary to employ
child entertainers of different ages in his productions. This guide outlines
the main features of the application procedures for employing child entertainers
and lists out the standard conditions imposed by the Commissioner for
Labour in order to help employers understand their obligations and child
employees know their entitlements.
For more detailed conditions and restrictions for the employment of children,
please refer to "A Concise Guide to the Employment of Children Regulations".
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Definition
of children
A "child" is defined under the Employment Ordinance as a person
under the age of 15 years.
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General
prohibition of employment of children
No person shall employ a child in any industrial undertaking. Subject
to certain restrictions in the Employment of Children Regulations, children
aged 13 or over may be employed in non-industrial establishments. However,
children of this category, who have not completed Form III of secondary
education, are forbidden to enter into employment in any place of public
entertainment except for non-profit making purposes.
A child who works in any place of employment, whether for wages or not,
shall be deemed to be employed therein for the purposes of the Regulations.
The Employment of Children Regulations do not apply in relation to Children
who are registered apprentices under the Apprenticeship Ordinance (Cap.
47).
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Special
permission granted by the Commissioner for Labour
For the development of art or training, the Commissioner for Labour may
permit the employment of children of different ages as entertainers by
granting exemption from certain provisions of the Employment of Children
Regulations. An employer intending to employ child entertainers should
apply to the Commissioner in writing before the employment commences.
To ensure that the children's schooling is not interfered and their well-being
including safety, health and morals are not jeopardized, the Commissioner
will impose specific conditions and restrictions upon the grant of special
permissions.
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Classification
of child entertainers
According to the pattern of employment, child entertainers are broadly
classified into the following two categories:
- Extras - ad hoc employment in a particular programme or production;
and
- Contract artistes/freelancers - employment on a contract covering
a certain period of time or on programme basis.
Different application procedures and employment conditions are set for
the employment of different categories of child entertainers.
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Application
procedures
- Extras
The application (Form CEF-1) should reach the Labour Department at least
48 hours before commencement of the employment. A script or storyboard
of the production should also be submitted.
- Contract artistes/freelancers
The application (Forms CEF-1 and CEF-2), together with a script or storyboard
of the production, should reach the Labour Department at least 7 days
before commencement of the employment. Besides, copies of each child
employee's employment record (Form CEF-4), his parent's written consent
to the employment (Form CEF-5), as well as a valid school
attendance certificate 1,, or evidence of completion
of Form III in respect of the child, should be submitted at the same
time.
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Standard
conditions imposed upon the grant of the special permission
- Basic conditions
- No child shall be employed
- before 7 a.m. or after 11 p.m.;
- for a period of employment more than 8 hours on any day;
- for working more than 4 hours on school day during the school
term;
- during school hours;
- for more than 4 days in a week and during school term for
more than 3 days from Monday to Saturday;
- during the 12 hours immediately following the ending of his
work on any day; and
- to work continuously for more than 5 hours without a break
of not less than 1 hour for a meal or rest and, in the case
of a child under the age of 6, without an additional rest period
of not less than half an hour within the said spell of 5 hours.
- Free transport should be provided to take each child employee
home if he is required to work after 7 p.m.
- No child shall be engaged in any act that is dangerous to his
life, health or morals.
- Additional conditions for child extras
The following documents shall be maintained and made available for inspection
by Labour Inspectors of the Labour Department during the employment
period, and shall be sent to the Labour Department within 14 days from
the last day of employment.
- an employment record in respect of each and every child entertainer
containing his personal particulars and information about the employment;
and
- a written consent to the employment from the child's parent and
indicating the name of school and class the child is attending.
- Additional conditions for contract artistes/freelances
The following documents shall be maintained and made available for inspection
by Labour Inspectors:
- an employment record in respect of each and every child entertainer
containing his personal particulars and information about the employment;
- a written consent to the employment from the child's parent;
and
- a valid school attendance certificate or evidence of completion
of Form III in respect of the child.
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Children
participating in cultural performance
An organising institution intending to arrange children
to participate in cultural performances will only be required to notify
Labour Department 14 days before the commencement of the performance in
a standard notification form (Form CEF-6), rather than to seek special
permission from the Commissioner for Labour, if the following criteria
are met:
- the children and/or their parents/guardians do not receive any pecuniary
reward, in whatever terms or titles, for taking part in the performance
2; and
- the safety, health and welfare, as well as the schooling and morals
of the children are not jeopardised in the course of the activities,
e.g. the frequency of performances does not exceed seven days per month
or four days per week.
If the Labour Department is satisfied that the criteria outlined above
are fully met, the organising institution will be informed in writing
that formal application for the Commissioner for Labour's permission is
not required. To protect the welfare of child performers, the organising
institution should take out accident or other relevant insurance so that
the children are protected in case of accident during performance.
If, after scrutinising the notification, the Labour Department considers
that a formal application for the Commissioner for Labour's approval is
required, the organising institution will also be informed in writing
that formal application should be submitted. Such application should be
accompanied by the required documents, including written consent from
the child's parent/guardian and valid school attendance certificate.
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Employment
of overseas child entertainers
Overseas employees employed in Hong Kong are subject to certain immigration
conditions imposed by the Immigration Department of HKSAR Government.
Employers intending to employ overseas child entertainers to perform in
Hong Kong should apply to the Commissioner for Labour in writing like
their local counterparts. According to circumstances of each case, the
Commissioner may waive certain provisions to be complied with by the employers
and impose additional conditions and restrictions.
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Offences
and penalties
Any person who unlawfully employs a child is liable to a maximum fine
of $50,000 upon conviction. Any employer who breaches any conditions imposed
by the Commissioner for Labour may result in cancellation of the special
permission and criminal prosecution.
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Relevant
labour legislation
- Occupational Safety and Health Ordinance (Cap. 509)
This Ordinance and its subsidiary regulations are enacted to:
- ensure the safety and health of employees at work;
- prescribe measures that will make the workplaces of employees
safer and healthier for them;
- improve the safety and health standards applicable to certain
hazardous processes, plant and substances used or kept in workplaces;
and
- generally improve the safety and health aspects of working environments
of employees.
A hotline at 2559 2297 is provided for handling public enquiries
on occupational safety and health. Reporting of accidents and dangerous
occurrences at workplaces can be made to hotline at 2815 0678.
- Employees' Compensation Ordinance (Cap. 282)
Under the Employees' Compensation Ordinance, all employers must have
sufficient insurance coverage for their liabilities under the Ordinance
and at common law for injuries at work of their full-time and part-time
employees including child employees.
- Employment Ordinance
The provisions under the Employment Ordinance are applicable to child
employees as appropriate.
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Enquiries
and complaints
Enquiries relating to the employment of child entertainers may be made
to Enquiry Hotline at 2717 1771 (the hotline is handled by "1823
Citizen's Easy Link") or through the Labour Department homepage at
http://www.labour.gov.hk.
Complaints may be made through our 24-hour Complaint Hotline at 2815
2200 or directed to the Headquarters of the Labour Inspection Division,
Labour Department at 17/F Harbour Building, 38 Pier Road, Central, Hong
Kong. All complaints will be dealt with in strict confidence.
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- A
"school attendance certificate" is a document issued by the
school head, certifying that the child employee is attending at the
school. When a child is offered an employment, his parent should apply
to the school head for this certificate.
- For
example, lunch box, costumes or transport provided free of charge by
the organising institution will not be treated as pecuniary reward;
while meal/clothing/travelling allowances in monetary terms will be
counted as part of wages or pecuniary reward.
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