A
Concise Guide to the Employment of Children Regulations
Introduction
Definition of children
General prohibition of employment of children
Employment of children who have attained 13 years and
completed Form III
Employment of children who have attained 13 years but
not completed Form III
School attendance certificates
Documents to be kept by an employer
Employment of child entertainers
Offences and penalties
Other employment protection
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.
This guide outlines in simple terms the main provisions of the
Regulations in order to help employers understand their statutory
obligations and children know their statutory entitlements concerning
the general conditions of employment. It should be noted that the
Ordinance and Regulations themselves remain the sole authority for
the interpretation of the provisions.
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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, or cause or permit a child
to be employed in any industrial undertaking. Children aged under 13 are
further prohibited from taking up employment in all economic sectors.
Children aged 13 or over may be employed in non-industrial establishments,
subject to the condition that they attend full-time schooling if they
have not completed Form III of secondary education and to other restrictions
elaborated in the following paragraphs.
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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Employment
of children who have attained 13 years and completed Form III
A child who has attained the age of 13 but under 15 years
and has completed Form III may be employed in a non-industrial establishment
subject to the following restrictions:
- His parent should produce to his prospective employer evidence
that the child has completed Form III;
- his parent has consented in writing to his employment; and
- he shall not be employed
- before 7 a.m. or after 7 p.m.;
- for more than 8 hours on any day;
- to work continuously for more than 5 hours without a break
of not less than 1 hour for a meal or rest; and
- to carry any load exceeding 18 kg.
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Employment
of children who have attained 13 years but not completed Form III
In addition to the conditions (b) and (c) above, further restrictions
are imposed for the employment of a child who has attained the age of
13 years but has not completed Form III:
- His parent should produce to his prospective employer a valid
school attendance certificate in respect of the child;
- he shall not be employed
- during school hours on any school day;
- during the school term for more than
- 2 hours on any school day, or
- 4 hours on any other day;
- during the summer holidays for more than 8 hours on any
day; and
- in the following prohibited occupations or premises
- in any premises or place where intoxicating liquor
is sold and consumed,
- in the handling of refuse in public place,
- in the handling or delivery of dangerous goods,
- at any dangerous machine involving action of cutting,
grinding, rolling, pressing or crushing, etc.,
- in any dance hall, billiard saloon or gambling establishment,
- in any place of public entertainment except for non-profit
making purposes,
- in the kitchen of any hotel, boarding house, cooked
food shop, cafe or restaurant, etc.,
- in outside window-cleaning at more than 3 metres above
ground level,
- in any abattoir or slaughter house,
- in any hair-dressing saloon or massage parlour.
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School
attendance certificates
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.
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Documents
to be kept by an employer
An employer of a child should keep and produce for inspection by
Labour Inspectors of the Labour Department the following documents
in respect of each of his child employees:
- a written consent from the child's parent to his employment;
- evidence of the child's completion of Form III or a valid school
attendance certificate (or copy); and
- a record of the child employee (Form LD319).
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Employment
of child entertainers
For the development of art and training, the Commissioner for Labour
may grant special permission for children of whatever ages to be
employed as entertainers, subject to certain restrictions as the
Commissioner may specify. An employer intending to employ child
entertainers should apply to the Commissioner in writing before
the employment commences. For details, please refer to "A Guide
to the Employment of Child Entertainers".
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Offences
and penalties
Any person who contravenes any provisions of the Employment of Children
Regulations shall be guilty of an offence and is liable to a maximum
fine ranging from $10,000 to $50,000 upon conviction.
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Other
employment protection
The provisions under the Employment Ordinance are applicable to
a child employee as appropriate. Please refer to "A Concise
Guide to the Employment Ordinance" for details.
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Enquiries
and complaints
Enquiries relating to the Employment of Children Regulations 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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