A
Concise Guide to the
Employment of Young Persons
(Industry) Regulations
Foreword
Definition of a young person
Application
Statutory restrictions on period of employment, working
hours and working days
Overtime employment
Notice fixing permissible working hours, intervals
for meals or rest, and rest days
Period of employment and rest intervals
Rest days
Register of young persons
Special permissions and exemptions
Underground work
Dangerous trades
Carrying of excessive weights
Facilities for sitting
Power of Labour Inspectors
Offences and penalties
Other employment protection
Enquiries and complaints
Foreword
The Employment of Young Persons (Industry) Regulations, made under
the Employment Ordinance (Cap.57), regulate the hours of work and
the general conditions of employment of young persons in industry.
This guide outlines in simple terms the main provisions
of the Regulations in order to help employers understand their statutory
obligations, and young persons know their statutory entitlements
concerning the general conditions of employment of young persons
in industry. 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 a young person
A "young person" is defined under the Employment Ordinance
as a person who has attained the age of 15 years but under the age
of 18 years.
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Application
The Employment of Young Persons (Industry) Regulations apply to
all young persons employed in industrial undertakings, with the
following exceptions :-
- in the non-industrial sector;
- in any industrial undertaking in a clerical or managerial capacity
or in any health or welfare service connected with such industrial
undertaking;
- solely in cleaning the premises of an industrial undertaking,
other than cleaning of machines or equipment used for production;
- solely as a caretaker in an industrial undertaking; and
- in the preparation of food for consumption and sale on the
premises where it is prepared.
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Statutory
restrictions on period of employment, working hours, and working
days
| Maximum period of employment in a day |
10 hours
(between 7 a.m. and 7 p.m. only)
|
| Maximum working hours a day |
8 hours |
| Maximum working hours a week |
48 hours |
| Maximum working days a week |
6 days |
| Maximum period of continuous work |
5 hours followed by an interval of not less than
half an hour for meal or rest |
Note:
"Period of employment" means the period, inclusive of
the time allowed for meals and rest, within which persons may be
employed on any day.
"Working hours" means the time during which persons employed
are at the disposal of the employer, exclusive of any intervals
allowed for meals and rest.
"Week" means the period between midnight on Saturday
night and midnight on the succeeding Saturday night.
By agreement between the employer and the young person employed,
the working hours of the young person may exceed 8 in a day or 48
in a week provided that the total number of hours worked by the
young person does not exceed 96 in any two consecutive weeks. However,
the maximum period of employment in a day shall remain to be 10
hours.
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Overtime
employment
No employer shall employ any young person of whatever age in overtime
in an industrial undertaking.
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Notice
fixing permissible working hours, intervals for meals or rest, and
rest days
Under the Employment of Young Persons (Industry) Regulations, the
permissible working hours, the intervals for meals or rest and the
arrangement of rest days for young persons employed in an industrial
undertaking must be fixed by the employer, and set out in a 'Notice
of Permissible Hours of Work' (Form LD334). This notice, signed
by the employer or his authorized representative and witnessed by
a Labour Inspector of the Labour Department, should be posted conspicuously
in the industrial undertaking.
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Period
of employment and rest intervals
Both the period of employment and rest intervals fixed must be the
same for all young persons employed in an industrial undertaking,
except with the written permission of the Commissioner for Labour.
No change shall be made in the period of employment or intervals
for meals or rest unless prior written notice has been served on
the Commissioner 48 hours before the proposed change is to come
into force, and another 'Notice of Permissible Hours of Work' has
been properly completed and posted up. Such change should not be
made more than once in every three months unless it is approved
in writing by the Commissioner.
Young persons shall not be engaged to work in an industrial undertaking
during their intervals for meals or rest as shown in the Notice.
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Rest
days
Young persons employed in an industrial undertaking shall be given
one rest day a week. If the rest day is not the same for every young
person, such rest day should be specified clearly in the 'Register
of Young Persons'. Work on rest days is strictly prohibited.
The rest day should not be changed unless the employer has served
on the Commissioner for Labour a 'Notice of Change of Rest Day'
(Form LD339) of his intention to make such change 48 hours before
it is to come into operation. Such change should not be made more
than once in every month, unless it is approved in writing by the
Commissioner.
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Register
of young persons
A 'Register of Young Persons' (Form LD338) must be properly maintained
in respect of all young persons employed in any industrial undertaking
and made available for inspection on demand by Labour Inspectors.
These forms should be kept in a binder (Form LD338A).
However, if all young persons employed in an industrial undertaking
have the same weekly rest day and the same period of employment,
their employer is exempted from keeping the Register.
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Special
permissions and exemptions
The Commissioner for Labour is empowered under the Employment Ordinance
to grant special permissions under or exemptions from any provisions
regulating the employment of young persons in any industrial undertaking
subject to such conditions and for such period as he may think fit.
For instance, when an employer applies for special permission to
employ young persons of or over the age of 16 in a scheme of shift
work involving work between 7 p.m. and 11 p.m., a suitable room
in which no industrial process is carried on and which has been
approved in writing by the Commissioner, must be provided and equipped
for use of the young persons employed on shift work for dining and
resting purposes.
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Underground
work
No young person shall be employed to work underground in any mine
or quarry or in any industrial undertaking involving a tunnelling
operation.
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Dangerous
trades
No young person shall be employed in dangerous trades. Dangerous
trades as defined in the Factories and Industrial Undertakings Ordinance
(Cap.59) include boiler chipping; manufacture of glass from basic
raw materials; manufacturing processes involving the use of arsenic,
lead, manganese, mercury and phosphorus; vermillion manufacture;
chromium plating; machining or grinding of celluloid or magnesium;
and manufacture of hydrochloric, nitric or sulphuric acids, etc.
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Carrying
of excessive weights
No young person employed in an industrial undertaking shall be allowed
to carry any load which is unreasonably heavy, having regard to
their age and physical development. A young person under 16 years
of age shall not be allowed to carry any load in excess of 18 kg
in weight.
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Facilities
for sitting
Suitable facilities for sitting must be provided for the use of
all young persons whose work is done standing to enable them to
take advantage of any opportunities for resting in the course of
employment.
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Power
of Labour Inspectors
Labour Inspectors are authorized under section 72(1)(a) of the Employment
Ordinance to conduct visits at all reasonable times, by day and night,
to industrial undertakings to ensure that the working hours, intervals
for meals or rest, rest days, etc. of young persons employed therein are
in accordance with the Employment of Young Persons (Industry) Regulations.
They are empowered under sections 72(1)(b) and (c) of the Employment Ordinance
to make such examination and inquiry as may be necessary to ascertain
whether the requirements of the Regulations are complied with, ask for
the production of any documents connected with the Regulations and seize
anything which may appear to be evidence of an offence against the Regulations.
Any person who fails to comply with a requirement made by a Labour Inspector
under section 72(1)(a), (b) or (c) of the Employment Ordinance commits
an offence and is liable to a maximum fine of $100,000 and to imprisonment
for 1 year.
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Offences
and penalties
Any person who contravenes the provisions of the Employment
of Young Persons (Industry) 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
young persons employed in industry, where appropriate.
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Enquiries
and complaints
Any enquiries relating to the Employment of Young Persons (Industry) Regulations
may be made to Enquiry Hotline at 2717 1771 (the hotline is handled by
"1823 Citizen's Easy Link"), or visit the Labour Department
homepage at http://www.labour.gov.hk.
Complaints may be made through our 24-hour Complaint Hotline at 2815
2200 or 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 the strictest confidence.
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