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Report of the Commissioner for Labour 2001 Contents CHAPTER
1 - HIGHLIGHTS OF THE YEAR 2001 CHAPTER 2
- THE LABOUR DEPARTMENT CHAPTER
4 - SAFETY AND HEALTH AT WORK CHAPTER
5 - EMPLOYMENT SERVICES CHAPTER
6 - EMPLOYEE RIGHTS AND BENEFITS CHAPTER
7 - INTERNATIONAL LABOUR AFFAIRS 2001 is a challenging year to the Labour
Department. The Hong Kong economy underwent a downward adjustment. The
Gross Domestic Product (GDP) growth of only 0.1 per cent in real terms was
in stark contrast to the robust growth of 10.5 per cent in 2000. In the
quarter ended 31 December 2001, the seasonally-adjusted unemployment rate
rose to 6.1 per cent. The dual impact of economic re-structuring and
global economic downturn also led to an increase in the number of labour
disputes and claims. Despite the
ever-increasing work pressure, the Labour Department strengthened its
services on many fronts in the past year. We swiftly enhanced our
employment services for local workers, helped the more vulnerable groups
to secure employment and assisted the unemployed to re-enter the workforce
as quickly as possible. At the same time, we also intensified our efforts
in promoting good employer-employee relations and safeguarding the rights
and benefits of our workforce. Our strenuous efforts proved to be valuable
contributions to the society at a difficult time: The adverse effect of economic
restructuring and cycles will continue to affect the local labour market
in the coming year. However, we are determined to brace the storm and we
will steadfastly continue to give our best to serve the community. With
concerted efforts of the Government, employees and employers, I am
confident that we will continue to be one of the leading labour
administrators in the world. HIGHLIGHTS OF THE YEAR 2001
1.1
2001 was an eventful year for the Labour Department. The following is a
glance of some of our major activities and events.
Employment Services Workshop on Youth
Employment in Hong Kong
1.2 The Labour Department co-organised with the
International Labour Organization, the Labour Advisory Board and the Commission on Youth a large-scale
seminar entitled 'Workshop on Youth Employment in Hong Kong' in November 2001
to provide a forum for different sectors
of the community to discuss in detail various youth
employment issues. Participants included representatives from the Government, commercial institutions, trade
unions, social service organisations, public bodies, parents and youngsters. ¡@
Youth Pre-employment
Training Programme
1.3 The Youth Pre-employment Training Programme was
launched again this year with more customised service
in employment-related training, workplace attachment and on-the-job training. In 2001, the programme
provided training to 12 066 young persons aged between 15 and 19. Excluding the
3 800 trainees who decided to pursue further studies, about 80 per cent of
the 8 200 trainees had secured employment. Ten 'Most Improved Trainees'
were also selected to commend their achievements. The Commissioner for Labour, Mrs
Pamela Tan (second from left), in touch with trainees of
the Youth Pre-employment Training Programme. Trainees attended the graduation ceremony of
Module A of the Youth Pre-employment Training Programme.
Re-employment Pilot Programme for the Middle-Aged
1.4 The Re-employment
Pilot Programme for the Middle-Aged was introduced in 2001 to provide one-stop employment service
to job-seekers aged above 40 who had been unemployed for more
than three months. Participants are provided with personalised services including pre-employment training, tailor-made
counselling and job matching. An employer could receive a
training subsidy of $2,800 for the provision of induction training to employees
recruited under the programme. Up till the end of December 2001,
2 405 job-seekers secured employment through this programme. Outstanding Disabled Employees Award
and Enlightened Employers Award
1.5 The
'Outstanding Disabled Employees Award' and the 'Enlightened Employers Award' were organised
in 2001 to commend employees with a disability for their outstanding performance
at work and employers for their distinctive efforts in providing employment opportunities
for people with a disability. 12 disabled employees and 12 companies won
the respective awards.
Employee Rights and Benefits Reform
of the Employees Compensation Assistance Scheme
1.6 In 2001, we proposed a package of
measures to reform the Employees Compensation Assistance Scheme (ECAS) to restore
its long-term financial viability. The ECAS provides assistance to
injured employees who fail to receive their entitlements for employment-related injuries
from employers or insurers after exhausting legal and financially viable
means of recovery. It also protects employers against default of insolvent insurers. The
proposed reforms include introduction of relief payment in lieu of the assistance
for common law damages, adjustment of levy rates and imposition of
surcharge on uninsured employers. ¡@ Vigorous Enforcement to Combat
Illegal Employment
1.7 Territory-wide joint enforcement operations were mounted in co-operation with
the Police and the Immigration Department to combat illegal employment in order
to protect the employment opportunities of local workers. Apart from
stepping up routine inspections, the Labour Department staged special campaigns
frequently to retail shops, eating places, market stalls
and entertainment establishments. Inspections were also carried out to crack down on
illegal deployment of imported workers and foreign domestic helpers.
Enhanced Protection for
Employees of Government Service
Contractors 1.8 To better
protect workers engaged by Government service contractors, we assisted the
Finance Bureau in devising a set of new tendering arrangements for service
contracts which mainly involve deployment of non-skilled workers. The new
arrangements, which took effect in May 2001, seek to promote reasonable
employment terms and conditions (such as wages, working hours) in line with
market situation and to enhance protection for non-skilled workers engaged by
government contractors. Sanctions would also be included in the service
contracts to deal with breaches of contractual or statutory obligations by
contractors. ¡@ Labour
Relations Labour Relations
Extravaganza
1.9 Labour Relations Extravaganza
was a large-scale function held from July to October 2001 to promote
good employer-employee relations and understanding of the Employment Ordinance at the territory-wide level.
The key components of good labour relations such as effective communication
were emphasized, and employees and employers were encouraged to make concerted
efforts in achieving harmonious working relations which would in turn boost productivity
and competitiveness of their enterprises. Good People Management Award 2001 1.10 Good People
Management Awards were presented to establishments for their commendable
performance in such areas as employment policies, staff training, safety and
health at the workplace, termination of contract arrangements and staff
communication. The function went into the third year to encourage non-civil
service enterprises to adopt good people management practices that are
employee-oriented, lawful and equitable. In 2001, 19 establishments were
presented with the award.
Occupational Safety and Health
Legislative Improvements on Safety Training 1.11 To
ensure that risks to people's safety and health at work are properly managed,
we proposed new legislation to enhance safety and health standards. In May 2001,
we brought into effect the requirements on mandatory safety training for
workers in the construction and container handling industries. All
workers carrying out construction work and container handling are now required to
have a valid certificate, commonly known as the 'Green Card'. In November 2001,
a new piece of legislation was also enacted to require workers engaged in
gas welding and flame cutting work to receive safety training and to obtain a
certificate. ¡@ Safety Award Schemes
1.12 Two safety award schemes were organised in the catering
and construction industries respectively 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 territory-wide open competitions, roving
exhibitions, newspaper and radio quizzes, together with a TV show and award presentation
ceremonies cum fun days. ¡@ Strengthening Local and International
Partnerships 1.13 The Labour Department
makes continuous efforts to develop and strengthen partnerships both locally and
internationally to foster synergetic collaboration. Labour Day Reception
1.14 On 1 May 2001, the Secretary for Education and Manpower
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. Contacts with Other Labour
Administrations
1.15 At the international level, we keep active
liaison and interflow with other labour administrations through visits and participation in
International Labour Organization activities. In 2001, the Hong Kong
Special Administrative Region (HKSAR) participated in a variety of these activities,
the most notable one being the International Labour Conference. In June 2001,
a tripartite team of seven members comprising three government officials,
two employer representatives and two employee representatives of the Labour Advisory Board attended the
Conference in Geneva, Switzerland in the capacity as advisers to the People's Republic of China
Delegation. Through participation in the conference, the team gained up-to-date information on newly
adopted international labour standards and the application of Conventions in different countries.
The team members also strengthened the rapport with their counterparts, thereby
facilitating future co-operation in labour
matters.
[ Top ] THE LABOUR DEPARTMENT
2.1 The Labour Department is the principal
agency in the Hong Kong Special Administrative Region Government
responsible for the execution and co-ordination of major labour administration
functions. As at 31 December 2001, the department administered 12
sets of labour legislation. (Appendix II) Vision, Mission and Values
2.2 Our Vision To be
a leading labour administrator in the region¡Xour aim is to enhance the
well-being of our workforce progressively and promote the safety and health of
those at work.
2.3 Our Mission
2.4 Our Values
We believe in:
Key Programme Areas
2.5 The department has four key areas of work, namely,
Labour Relations, Safety and Health at Work,
Employment Services,
and Employee Rights and Benefits. The
objectives of these areas are given below:
Labour
Relations
To
foster and maintain harmonious employer and employee relations
in the non-government sector. Safety
and Health at Work
To
help employers and employees control their risks at work
through regulation and promotion. Employment Services
To
provide free employment assistance and counselling services to
help job-seekers find suitable jobs and employers fill their
vacancies. Employee Rights and Benefits
To improve and safeguard the rights and
benefits of employees.
2.6 The strength and expenditure
of each of the programmes are listed in Figure 2.1 in Appendix I. Detailed
functions and major activities of these programme areas are contained
in the following chapters. Central Support Services 2.7
There are also divisions that provide essential central support services.
They are the Administration Division, Information and Public Relations
Division, Development Division, Prosecutions Division, Legal Services
Division and Staff Training and Development Division. 2.8
The Administration Division assumes the primary responsibility for
financial, personnel and general resources management. 2.9
The Information and Public Relations Division is responsible for the
department's overall publicity and public relations activities through the
extensive use of the media and various means. It keeps subject officers
fully informed of public opinion as reflected by the news media, answers
media enquiries, facilitates the media to cover events organised by the
department, and arranges media conferences, briefing and interviews to
publicise the work of the department. It also co-ordinates the production
of major departmental publications such as the Commissioner's Report and
newsletters. 2.10 The
Development Division oversees matters relating to the application in the
HKSAR of international labour instruments and participation in activities
of the International Labour Organization. It is also responsible for the
department's liaison with overseas and other international bodies. In
addition, the division serves as the secretariat of the Labour Advisory
Board, and is responsible for the administration of the departmental
library. Another responsibility of the division is to conduct researches
and studies to support the senior management of the department in the
development of policies and the forward planning of the services.
2.11 The
Prosecutions Division and the Legal Services Division help enforce
relevant legislation by instituting prosecutions against suspected
offenders. Major statistics on prosecution work are at Figure 2.2 in
Appendix I. 2.12 The
Staff Training and Development Division implements staff training and
development policies, organises in-service training programmes and
co-ordinates overseas training and duty visits for all departmental grade
officers under the Labour Administration Branch. Training and development
for staff of the Occupational Safety and Health Branch of the department
is provided and co-ordinated by the Occupational Safety and Health
Training Centre. Statistics on in-service training and development
programmes offered in the year are shown in Figure 2.3 in Appendix I.
2.13 An
organisation chart of the Labour Department is set out at Figure 2.4 in
Appendix I, and some key statistical figures are listed in Figure
2.5. Work Simplification 2.14 The
department launched the Work Simplification Scheme in September 1990 to
simplify work procedures and improve efficiency. We held various contests
to encourage and recognise viable suggestions contributed by our staff. In
2001, 108 work procedures were simplified, mainly on the compilation of
statistics and reports. Others included the improvement of work flow and
simplification of standard forms. Customer-oriented Services 2.15 We
strive to provide quality service to the public. Performance standards and
targets are laid down for a wide range of services. To collect customers'
feedback on our performance pledges, a Customer Liaison Group comprising
users of the department's pledged services has been formed. In 2001, the
group met twice and expressed satisfaction over our services. Environmental Policy and Achievements 2.16 We are
committed to environmental protection by complying with relevant
legislation and codes of practices, stringent monitoring of resource
consumption, proactive improvement of office practices, minimising
environmental pollutants, and training and publicity among our staff.
2.17 In
2001, we contained, and reduced in some areas, paper and electricity
consumption despite an increase in activities. We also stepped up our
efforts in collecting wastepaper for recycling. Some indicators of our
achievements are in Figure 2.6. Advisory Boards and Committees 2.18 There
are various advisory boards and committees in Hong Kong providing expert
advice on such areas as labour administration, occupational safety and
health, employees' compensation and manpower development. They provide a
useful forum for the department's consultation work and have made valuable
contributions. 2.19 The most important one is
the Labour Advisory Board (LAB) which is set up to advise the Commissioner
for Labour on matters affecting labour, including legislation and Conventions
and Recommendations of the International Labour Organization. The terms
of reference and composition of the LAB and its membership as at 31 December
2001 are in Appendix III. ¡@ [ Top ] LABOUR RELATIONS The Programme of Labour Relations 3.1
Good employer-employee relations are essential to social stability and
success of the economy. In Hong Kong, terms and conditions of employment
are negotiated freely between employers and employees and they largely
form the basis of the relations between the two parties. Employees and
employers in Hong Kong are also free to form and join trade unions, which
are required to be registered under the Trade Unions Ordinance. The Labour
Relations Programme of the Labour Department has been contributing
invaluably to the labour relations system in Hong Kong, which is
long-established and well-tested. 3.2
The objective of the Labour Relations Programme is to maintain and promote
harmonious labour relations in the non-government sector. We achieve this
by: 3.3
The principal legislation administered by this programme area includes the
Employment Ordinance (EO), the Labour Relations Ordinance, the Minor
Employment Claims Adjudication Board Ordinance and the Trade Unions
Ordinance (TUO). 3.4
With the provision of a comprehensive set of employment standards, the EO
is the main piece of legislation governing conditions of employment in the
non-government sector. The procedures of settling labour disputes in the
non-government sector are provided in the Labour Relations Ordinance. The
Minor Employment Claims Adjudication Board Ordinance establishes a
machinery known as the Minor Employment Claims Adjudication Board (MECAB)
to adjudicate minor employment claims when settlement cannot be achieved
by conciliation. For the regulation of trade unions, the TUO provides a
statutory framework for trade union registration and administration.
Our Work and Achievements in 2001 Key Indicators of Work 3.5
In 2001, economic re-structuring and global economic downturn added
tremendous pressure to the programme, which was evident in the all-round
upsurge of our workload. Some key indicators of work of the Labour
Relations Programme Area are contained in Figure 3.1 in Appendix I.
Legislative Improvements Made in 2001 3.6
In 2001, progressive amendments of legislation were made with two
new enactments. The first enactment, the Employment (Amendment) Ordinance
2001, removed ambiguities in relation to the prohibition of the dismissal
of an employee during pregnancy or paid sick leave. 3.7
The other enactment, the Employment (Amendment)(No.2) Ordinance
2001, clarified the original policy intention that an employer shall be
allowed to offset severance payment or long service payment payable to an
employee upon termination of his employment against a relevant mandatory
provident fund scheme benefit previously paid to the employee. Conciliation and Consultation Services 3.8
Our consultation and conciliation services have contributed to the
maintenance of industrial peace in a difficult time. Altogether, we
handled 145 943 in-person consultations and 31 329 claims, representing a
significant increase over 2000. In particular, a record of 369 labour
disputes was handled this year. Notwithstanding the continued increase in
workload, 64 per cent of the cases were resolved amicably through
conciliation, a higher settlement rate than that of 2000. Only one strike
was recorded in 2001. The number of working days lost per 1 000 salaried
employees and wage earners was kept at as low as 0.26, an improvement over
the figure of 2000 and one of the lowest in the world. (Figures 3.2~3.8)
Strengthening Tripartite
Communication 3.9
The setting up of a new tripartite committee for the retail industry in
August 2001 brought the total number of tripartite committees to nine.
Other such committees have been set up in catering, construction, theatre,
warehouse and cargo transport, property management, printing, hotel and
tourism as well as cement and concrete industries. With representatives
from employers' associations, labour unions and the Government, these
committees discussed and agreed on a number of industry-specific issues.
Matters discussed in 2001 included skills upgrading of employees, sample
employment contract, distinction between contract of employment and
contract for service, work arrangements in times of typhoons and
rainstorms, implementation of the Mandatory Provident Fund Schemes, and
occupational safety and health. Promotion of Good Employer-Employee Relations
3.10 To
promote good employer-employee relations, a total of 1 390 activities at
different levels were organised in the year, including publicity
campaigns, exhibitions, seminars, visits, courses and talks. (Figure 3.9)
3.11 The
'Labour Relations Extravaganza', a large-scale promotional event from July
to October 2001, featured a variety of programmes including a road show, a
seminar, radio programmes, public competitions and training courses. It
was very well received by the public and substantially enhanced their
understanding of the Employment Ordinance and good labour management
practices. 3.12 To
benchmark companies that had been exemplary in good people management
practices, the Good People Management Award was organised for the third
time during the year. Nineteen enterprises, comprising eight with
employment size 501 and above, six with employment size 101 to 500 and
five with employment size 100 or below, were chosen from 201 entries for
the awards. These establishments demonstrated commendable performance in
such areas as employment policies, staff training, safety and health at
the workplace, termination of employment contract and staff communication.
3.13
Workplace Cooperation 2001 was another territory-wide promotional event
staged to publicise the importance of effective staff communication and
good people management practices. Activities of the event included a
premier, a seminar, workshops, experience-sharing visits, training courses
and quizzes. Over 8 500 persons attended the activities. 3.14 A
series of special campaign had also been launched to promote the
understanding of the Employment Ordinance (EO) among government service
contractors, employees' rights under the EO with the implementation of
mandatory provident fund schemes, prior work arrangements in times of
rainstorms and typhoons, and employment rights of foreign domestic
helpers. 3.15 A
total of seventeen publications, VCD and CD-ROM was produced in the year
to enhance public understanding of labour legislation and good people
management practices. Some new products are listed in Figure 3.10 in
Appendix I. Adjudication of Minor Employment Claims
3.16 The
Minor Employment Claims Adjudication Board provides a speedy, informal and
inexpensive adjudication service to members of the public. It is empowered
to determine employment claims involving not more than 10 claimants for a
sum not exceeding $8,000 per claimant. 3.17 In
2001, the board recorded 2 616 claims, amounting to a total of
$11,480,746. Most of these claims were concerned with arrears of wages,
wages in lieu of notice and annual leave pay. During the year, the board
concluded 2 611 claims and awarded $5,766,167. (Figure 3.11) 3.18
Parties dissatisfied with the award or order may apply for a review or
appeal to the High Court against the decision of the board on point of law
or question of jurisdiction. In 2001, there were seven applications for
leave to appeal. Leave was granted to two applications. Of these two
cases, one was subsequently withdrawn by the applicant and the other was
remitted by the High Court to the board for re-hearing. Regulation of Trade Unions 3.19 The
Registry of Trade Unions promotes sound and responsible trade union
administration, and is entrusted with a statutory duty to register trade
unions, process and register their rules, and examine their annual audited
statements of account to ensure that trade unions comply with the TUO.
3.20 As at
the end of the year, the declared membership of the 610 employee unions
was 671 076, and the trade union participation rate ( Note 1 ) of employee unions in 2001 was 22.10
per cent. In 2001, 20 new trade unions and one new trade union federation
were registered while four trade unions were deregistered; making up an
accumulated total of three registered trade union federations and 654
registered trade unions (comprising 610 employee unions, 25 employer
unions and 19 mixed organisations of employees and employers). (Figures
3.12 and 3.13) declared membership of employee unions
participation =
3.21 In the
year, the Registry of Trade Unions examined 579 statements of account and
conducted 362 inspection visits to trade unions to ensure that their
administration and financial management were in compliance with TUO. A new
computer programme was developed and distributed to all trade unions to
facilitate them in managing their membership and subscription records. We
organised 14 courses on trade union management, bookkeeping, auditing and
provisions of the TUO, and two seminars for government employees unions.
In addition, the Registry of Trade Unions organised for the second time a
large-scale seminar for all registered trade unions in December 2001. The
theme of the seminar was 'Economic Restructuring and Manpower Training -
the Role of Trade Unions'. The seminar received enthusiastic response,
with 176 union officers participating. [ Top ] SAFETY AND HEALTH AT WORK The Programme of Safety and Health at Work
4.1
Workplace safety and health is vital for the well-being of a worker. It
also helps to bring about high productivity. The primary responsibility
for workplace safety and health rests with employers and employees.
Employers must, as far as reasonably practicable, ensure the safety and
health at work of
all their employees while employees should also ensure their own safety
and the safety of their fellow workers. The Occupational Safety and Health
Branch of the Labour Department is responsible for the promotion and
regulation of safety and health at work. 4.2
The objective of the Programme of Safety and Health at Work is to ensure
that risks to people's safety and health at work are properly managed and
reduced to the minimum by legislation, education and promotion. More
specifically, we achieve the objective by: providing a legislative framework to safeguard safety
and health at work; 4.3
The principal legislation for safety and health at work includes the OSHO,
the FIUO, and the BPVO. 4.4
With few exceptions, the OSHO protects employees' safety and health at
work in practically all branches of economic activities. It is basically
an enabling legislation that empowers the Commissioner for Labour to make
regulations prescribing standards for general working environment as well
as specific safety and health aspects at work. The Occupational Safety and
Health Regulation made under the OSHO sets down some basic requirements
for accident prevention, fire precaution, workplace environment control,
hygiene at workplaces, first aid and manual handling operations.
4.5
The FIUO and its 30 sets of regulations are the principal legislation in
Hong Kong regulating safety and health at work in industrial undertakings,
which include factories, construction sites, cargo and container handling
areas, as well as catering establishments. 4.6
The BPVO and its subsidiary regulations aim at regulating the standards
and operation of equipment such as boilers, pressure vessels, including
thermal oil heaters, steam receivers, steam containers, air receivers and
pressurised cement tanks mounted on trucks or trailers. They require that
such equipment must be registered with the Authority, i.e. the
Commissioner for Labour, and examined initially and periodically by
examiners appointed by the Authority. Our Work and Achievements in 2001 Continuous Improvement in Safety Performance
4.7 It
is encouraging to note that Hong Kong's occupational safety and health
record is improving as reflected in the accident figures. The trend of
improvement is particularly noticeable in the construction industry.
4.8 A
total of 53 719 occupational injuries (Note 2) ,
including 176 fatal cases, occurred in 2001, representing a drop of 7.5
per cent when compared to the figures of 2000. Among these occupational
injuries, there were 28 518 industrial accidents, decreased by 15.3 per
cent in comparison with that of 2000. In particular, the accident figure
for the construction industry has dropped significantly by 22.8 per cent.
(Figures 4.1-4.5) Note 2: Occupational
injuries (both industrial and non-industrial) are those injuries arising
from work accidents, resulting in death or incapacity for work of over
three consecutive days, and reported under the Employees' Compensation
Ordinance. ¡@ Key Indicators of Work 4.9 In
2001, we continued to strive for a high standard of safety and health at
work. Some key indicators of work of this programme area are shown in
Figure 4.6 in Appendix I. Legislative Improvements 4.10 We
regularly keep our legislation under review and propose amendments or new
legislation to enhance safety and health standards. In May 2001, we
brought into full operation the requirements on mandatory safety training
for workers in the construction and container handling industries. A new
piece of legislation, the Factories and Industrial Undertakings (Gas
Welding and Flame Cutting) Regulation, was enacted to require workers
engaged in gas welding and flame cutting work to receive safety training
and to possess a certificate. Enforcement of Occupational Safety and Health
Legislation and
other Relevant Legislation 4.11 To
secure safety and health at work, we inspect workplaces, monitor health
hazards, investigate work accidents and occupational diseases, register
and inspect boilers and pressure equipment and advise on measures to
control hazards or prevent recurrences. 4.12 A key
element in enforcement is the provision of advice on prevention of
accidents. We conducted special promotional visits to encourage employers
to adopt a self-regulatory approach in managing risk at the workplace. A
number of special blitz operations and campaigns were also organised on
the safety of work at height, suspended working platform, crane operation,
noise, gas welding and flame cutting, fire and chemical, and plant and
machinery. 4.13 We
continued to target at establishments with poor safety performance for
close surveillance. Improvement notices or suspension notices are issued
when necessary to secure a speedy rectification of irregularities, or to
remove imminent risk to lives and limbs. Many of these companies,
especially those in the construction industry, have shown significant
improvements in their safety performance. In view of the public concern
about the health and safety of cleansing workers employed by government
contractors, a special campaign was mounted in 2001 to step up the
inspection of public toilets in order to ensure compliance with relevant
legislative requirements. A total of 482 inspections to public toilets was
conducted. 4.14 The
Commissioner for Labour, as the Boilers and Pressure Vessels Authority,
recognises competent inspection bodies to assess and inspect new pressure
equipment during manufacturing. As at the end of 2001, there was a total
of 37 appointed examiners and seven recognised inspection bodies. We also
conduct examinations, monitor courses for training of competent persons
and issue certificates of competency to qualified candidates as competent
persons for various types of boilers and steam receivers. In 2001, 616
candidates were examined, of whom 445 were awarded certificates of
competency. We also advise the Fire Services Department on approval and
preliminary inspections of pressurised cylinders and storage installations
for compressed gas. 4.15 As at
31 December 2001, a total of 143 347 workplaces, including 10 821
construction sites was recorded. In 2001, 130 464 inspections were
conducted under the OSHO and the FIUO, while 6 503 inspections were made
under the BPVO. 35 977 warnings were issued by Occupational Safety
Officers while 4 462 warnings were given under the BPVO. Altogether, 2 369
suspension or improvement notices were issued. We also investigated 12 993
accidents and 2 792 suspected occupational diseases in the year. Among the
suspected occupational diseases, 430 cases were confirmed. (Figures
4.7~4.9) Inspecting workplaces and advising on safety management system.
Safety Training and Occupational Health Education
4.16 We
provide training-related services to help industry reduce occupational
injuries. Such services are divided into three broad categories, namely
training courses, accreditation of external training providers and
registration of safety officers and safety auditors. 4.17 In
2001, we conducted 597 training courses on safety legislation for 6 391
participants and 218 tailor-made safety briefing sessions for 6 874
employees. We also accredited 17 mandatory basic safety training courses
for the construction and the container-handling industries. As at the end
of 2001, more than 475 000 persons have completed the training. Another 17
and 14 training courses were also accredited to offer training on confined
space safety and loadshifting machinery safety respectively. 4.18 In
2001, 228 applicants were registered as safety officers while 244
applicants were registered as safety auditors. As at the end of 2001,
there were 2 247 persons on the register of safety officers. 4.19
Occupational health education is an important strategy for the control of
occupational health hazards and prevention of occupational diseases. Apart
from the conventional way of organising health talks at our own premises,
we have also developed outreaching services for occupational health
education by delivering talks at the venues of individual companies or
organisations. In 2001, we delivered a total of 1 775 health talks.
Safety Promotion 4.20 To
inculcate a safety culture and to enhance safety awareness, we organised
various promotional activities in 2001, some in conjunction with other
organisations such as the Occupational Safety and Health Council and the
Social Welfare Department. 4.21 Under a
Customer Service Teams Project, volunteers visited small and medium-sized
enterprises to introduce the OSHO and promote the safety management
concepts to employers and employees. Over 37 000 visits were made since
the project was launched in 1999. 4.22 The
well-received Catering Industry Safety Award Scheme and the Construction
Industry Safety Award Scheme were organised again in the year. The schemes
featured a variety of activities, including territory-wide open
competitions, roving exhibitions, newspaper and radio quizzes, and a TV
show and award presentation ceremonies cum fun days. Campaigns were also
launched to promote and publicise the Factories and Industrial
Undertakings (Safety Management) Regulation and the Factories and
Industrial Undertakings (Loadshifting Machinery) Regulation. 4.23 The
Occupational Safety Charter was jointly launched with the Occupational
Safety and Health Council in 1996 as part of the Government's strategy to
improve workplace safety and health in Hong Kong. The Charter promotes the
spirit of 'shared responsibility' among employers and employees in
workplace safety and health. It also sets out a safety management
framework for employers and employees to work together to create a safe
and healthy working environment. By the end of 2001, 558 organisations,
including public utilities companies, industrial and non-industrial
establishments, construction companies, unions and associations, have
subscribed to the Occupational Safety Charter. Publicity and Advisory Service 4.24 In
2001, 29 new occupational safety and health publications were published,
including three codes of practice and three guidance notes. Some of the
new publications are listed in Figure 4.10 in Appendix I. Our publications
were sent to various distribution points, including 241 publication stands
located in housing estates, shopping centres, clinics, transport stations,
public utility service counters and government offices. 4.25 Among
our publications, a Construction Accident Casebook with a series of eight
booklets was launched with a view to enhancing the safety awareness of
workers and frontline supervisors in the construction industry. Another
industry-specific reference material, the Occupational Safety and Health
Guidebook for the Banking and Finance Industry, was jointly published with
the Hong Kong Association of Banks to help the industry identify potential
hazards and to suggest ways to enhance workplace safety and health.
4.26 The
Occupational Safety and Health Information Collection 2001, a CD-ROM with
information on our major publications, was produced for the public. The
Occupational Safety and Health E-quiz, a self-learning package for
secondary students, was launched on the Internet for free surfing by
students and the public. 4.27 In
2001, we handled 20 302 enquiries, advising on various occupational safety
and health matters. One-stop information and advisory services are
provided to workers and employers at the Occupational Safety and Health
Centre. Medical and Clinical Services 4.28 Our
medical and nursing staff at the Kwun Tong and Sham Shui Po Occupational
Health Clinics provide clinical consultations, medical treatment as well
as occupational health education and counselling services for workers
suffering from work-related diseases. The workplaces of the patients are
inspected if necessary to identify and evaluate occupational health
hazards in the work environment. Besides clinical consultations, we also
assess the medical fitness for work of radiation workers, aviation
personnel and government employees exposed to specific occupational health
hazards. In addition, our staff attend the Prostheses and Surgical
Appliances Board and give medical advice on employee compensation cases.
4.29 In
2001, 8 358 clinical consultations were rendered, and a total of 2 043
medical examinations and assessments was performed. Seven patient support
groups were also organised for patients to promote their treatment
compliance and sustainability in good work practices through health talks,
experience sharing and peer support. A total of 129 Prostheses and
Surgical Appliances Boards was attended and 3 337 pieces of medical advice
on employee compensation cases were given by our staff. (Figure 4.11)
Improved Application of Information Technology
4.30 In
2001, we improved our electronic databank that contained information on
occupational safety and health accidents, safety and health legislation,
legal advice and reference materials. A total of 11 local area
mini-networks was installed at the Headquarters and regional offices to
facilitate communication and the shared use of information resources
within the branch. 4.31 We are
implementing an Occupational Safety and Health Management Information
System. The system will provide enhanced support to outdoor inspections
and accident investigations, as well as expedite the analysis of
occupational safety and health information for problem identification,
strategic planning and policy formulation. We expect the project to be
completed in 2002. In-service Training and Development 4.32 To further empower our work teams, we continued
to organise comprehensive in-service training and development programmes.
Some key statistical figures on in-service training are listed in Figure
2.3 in Appendix I. [ Top ] Employment Services The Programme of Employment Services 5.1 Unemployment remains to be
the foremost concern of the Labour Department in 2001. To complement the
job creation efforts of the Government, we give every employment
assistance to local job-seekers, in particular the more vulnerable groups
in the community. 5.2 The objective of the
Employment Services Programme is to provide a comprehensive range of free
and efficient employment assistance and counselling services to help
job-seekers find suitable jobs and employers fill their vacancies. We
achieve this by: providing user-friendly employment services to
employers and job-seekers; offering intensive employment-related
assistance and personal service to vulnerable groups of unemployed
people; assisting young people to enhance their
employability and advising them on careers choice; regulating local employment
agencies; safeguarding the interests of local employees
employed by employers outside Hong Kong to work in other territories;
and ensuring that employment opportunities for
local workers are not adversely affected by abuse of the labour
importation scheme. 5.3 The two principal
legislation administered by this programme area are the Employment Agency
Regulations made under the Employment Ordinance and the Contracts for
Employment Outside Hong Kong Ordinance. 5.4 The Employment Agency
Regulations, together with the Part XII of the Employment Ordinance,
regulate the operation of employment agencies in Hong Kong through a
licensing system, inspection, investigation and prosecution. 5.5 The Contracts for
Employment Outside Hong Kong Ordinance safeguards the interests of local
manual workers and those non-manual employees with monthly wages not
exceeding $20,000 who are recruited by employers outside Hong Kong to work
in other territories through the attestation of employment contracts for
these jobs. Our Work and Achievements in 2001 Employment Situation in Hong Kong 5.6
2001 was a difficult year. The labour market remained generally slack
throughout the year. The restructuring of labour market continued with a
further decline of employment in the manufacturing sector. The
seasonally-adjusted unemployment rate rose to 6.1 per cent in the fourth
quarter of 2001, and the overall unemployment rate (Note 3) increased from 4.9 per cent in 2000 to
5.1 per cent in 2001. On the other hand, the overall underemployment rate
(Note 4) decreased from 2.8 per
cent in 2000 to 2.5 per cent in 2001. (Figures 5.1~5.7) Note 3: For a person aged 15 or
over to be classified as unemployed, that person should:
¡@ Note 4:
Underemployed persons refer to those employed persons who have
involuntarily worked less than 35 hours during the seven days before
enumeration and have sought additional work during the 30 days before
enumeration, or have not sought but have been available for additional
work during the seven days before enumeration. Underemployment rate refers
to the proportion of underemployed persons in the labour force.
5.7 The median hours of work
per week for all employed persons was 48 hours in the fourth quarter of
2001. The average wages and salaries received by employees showed an
overall decline across various sectors in the year. (Figures 5.8 and
5.9) Key Indicators of Work 5.8 In
spite of the difficult times, our untiring efforts and good performance
have been widely recognised. Vacancies registered with the Labour
Department rose from 174 356 in 2000 to 175 841 in 2001. The department
also achieved a record number of 62 838 placements during the year. Our
achievements are fully reflected in the key indicators of our work.
(Figures 5.10 and 5.11) A Wider Service
Choice 5.9 We
strive to provide a wide range of free placement services to cater for the
different needs of job-seekers and employers. Services offered at Job Centres 5.10 Job-seekers can select
suitable vacancies and seek referral service from our staff in the 11
district based job centres, including the two employment and guidance
centres for new arrivals. In 2001, we had re-provisioned three more job
centres to improve the environment and provide modern facilities such as
self-service touch-screen computers, fax machines, toll-free phones,
computer terminals connected to the Internet and a careers information
corner. These job centres are all adjacent to the Labour Relations
Division offices to provide a one-stop employment and labour relations
services. 5.11 Through the Job Matching
Programme, our staff conducts briefings and provides intensive and
personalised job-matching and counselling services to unemployed
job-seekers. Placement officers will also refer job-seekers to attend
suitable retraining courses run by the Employees Retraining Board where
appropriate. Since its launch on 1 April 1995 up to 31 December 2001, the
Job Matching Programme had registered 82 071 job-seekers and secured 58
460 job offers. Telephone Employment Service 5.12 Job-seekers who have
already registered for our employment services may simply call our
Telephone Employment Service Centre for job referral service. Through
conference calls, staff of the centre can make arrangement for job-seekers
to talk to employers directly. Dedicated Employment Website 5.13 Our
Interactive Employment Service (iES) (http://www.jobs.gov.hk) provides
round-the-clock online employment services. Hyperlinked with nine leading
employment websites in Hong Kong, the iES has built and maintained a
shared pool of job vacancies with contribution from private employment
agencies. 5.14 In 2001, the iES was
further enhanced in contents and functions to provide a more comprehensive
and one-stop on-line services including job-searching, registration,
resume building and job application. New candidate search engines and more
informative candidate profiles were also provided to employers. Moreover,
dedicated webpages were launched to disseminate employment information to
specific clientele groups. In 2001, a total of Central Processing of Job Vacancies 5.15 Employers
wishing to recruit staff can send their vacancy information to our Job
Vacancy Processing Centre through the website (http://www.jobs.gov.hk),
fax (number Special Recruitment Functions and Promotional
Activities 5.16 We organise a variety of
activities to promote our employment services. Visits and briefings are
conducted to appeal for vacancies from employers. To introduce various
aspects of our employment services to people in different districts, we
stage roving exhibitions. In addition, recruitment seminars and job fairs
are held to facilitate job-seekers and employers to meet and communicate
directly. In 2001, these special recruitment functions and promotional
activities reached out to over 50 000 job-seekers and employers. A
job-hunting guide (in printed and CD-ROM versions) and an information kit
named 'Recruitware' (comprising a CD-ROM and a set of leaflets) were
produced to help job-seekers in job search and employers in candidate
search. Intensified Employment Services to the Most Needy
5.17 During the
year, we stepped up our employment assistance to special groups of
unemployed people. These included the middle-aged job-seekers, local
domestic helpers, new arrivals, employees laid off in large-scale
retrenchment and job-seekers with a disability. Serving the Middle-Aged Job-seekers 5.18 The Re-employment Pilot
Programme for the Middle-Aged was launched in February 2001 to provide
one-stop service to job-seekers aged above 40 who had been unemployed for
three months or above. Through workshops and tailor-made counselling
services, we strived to enhance the employability of the middle-aged
job-seekers and secure employment for them. An employer would receive a
training subsidy of $2,800 for the provision of induction training so that
participants under the programme could settle in their jobs more easily.
By the end of December 2001, a total of 2 405 job-seekers had secured
employment. In view of the favourable response from job-seekers and
employers, the programme was extended to January 2003 to help more
eligible job-seekers to re-integrate into the employment market.
Serving Local Domestic Helpers 5.19 In 2001, we actively
publicised our dedicated employment services for local domestic helpers.
Through the website of the iES, roving exhibitions, job fairs and many
other promotional efforts, the service was widely introduced in different
parts of the territory. Serving New Arrivals 5.20 The two
employment and guidance centres in Shau Kei Wan and Mong Kok continued to
provide a comprehensive range of employment service tailor-made for the
new arrivals. Each centre is equipped with a reference library with
audio-visual facilities, supplying information on employment and training
opportunities. Serving Workers affected by Large-scale
Retrenchment 5.21 We render
on-the-spot assistance or assign special counters at the job centres to
provide employment services to workers affected by major retrenchments. In
2001, the service reached out to 9 083 retrenched workers of 60 companies.
Serving Job-seekers with a Disability 5.22 The Selective Placement
Division provides specialised employment services to job-seekers with a
disability who seek open employment. Each job-seeker is given personal
attention by a placement officer who provides counselling, employment
services and referral to tailor-made retraining programmes. In 2001, 2 348
job-seekers with a disability were placed, a record in the history of the
division. (Figure 5.12) 5.23 To canvass vacancies, we
visit prospective employers, organise exhibitions and launch campaigns. We
also stage an annual function to commend employees with a disability for
their outstanding performance at work and enlightened employers for their
distinctive efforts in providing employment opportunities for people with
a disability. 5.24 In 2000, we launched the
Trial Placement Scheme for People with a Disability to encourage employers
to offer job vacancies to people with a disability. Participating
employers will receive a financial incentive of half of the wages paid in
the one-month trial period (with a ceiling of $3,000). The response from
employers has been enthusiastic. By the end of 2001, there were 228
employers offering 387 job vacancies. About 77 per cent of the 293 persons
with a disability who completed the trial placement were offered full
employment by the participating employers. 5.25 In 2001, the Self Help
Integrated Placement Service (SHIPS) was fully developed and implemented
to help job-seekers with a disability through group counselling sessions.
Participants are encouraged to adopt a proactive attitude in job search
and make better use of the latest career information. The overall
placement rate of 75 per cent of this scheme compares favourably with the
general placement rate of 57 per cent of the division. 5.26 A series of radio
programmes was produced during the year to enhance public understanding of
the working abilities of people with a disability. We also conducted
seminars for employers and produced a new self learning kit on
job-searching skills and strategies for job-seekers with a
disability. 5.27 A new programme, the
'Trial Placement cum Mentor Scheme for People with a Disability' is
already in the pipeline to encourage employers to assign a senior staff to
assist the trial workers with a disability to facilitate their early
integration into the workplace. A reward of HK$500 and a commendation
certificate will be awarded to each mentor as recognition. Services for
Young People 5.28 We help young people to
enhance their employability and advise them on careers development.
Youth Pre-employment Training Programme 5.29 In 2001, we continued
with the Youth Pre-employment Training Programme (YPTP) to provide young
people aged between 15 and 19 with a wide range of employment-related
training and workplace attachment opportunities. The new programme offers
more customised service. Government departments, training bodies and
voluntary agencies join hands to provide the following four modular
training: (a) leadership, self-discipline and team building; (b)
job-search and interpersonal skills; (c) elementary/ intermediate computer
application; and (d) job-specific skills training. Organisations from the
private and public sectors as well as social welfare agencies offer
workplace attachment training places for trainees to obtain practical work
experience and better understand the world of work. Professional youth
workers are available to provide career counselling and support services
throughout the programme. Vocational language training and courses leading
to professional qualifications have also been incorporated into the
programme. 5.30 There is an On-the-Job
Training Scheme under the programme. Employers employing a trainee will
receive a monthly training subsidy of $2,000 for up to three months. A
Training Kit and a Train-the-trainer session are offered to participating
employers. In 2001, the programme trained 12 066 participants. Some 3 800
trainees decided to pursue further studies. About 80 per cent of the
remaining 8 200 trainees were able to secure employment. Careers Information and Guidance 5.31 We operate two careers
information centres that function as information banks for young people
and careers teachers. Each centre has a reference library with
publications and audio-visual resources on employment and training
opportunities. Careers videos and VCDs are available for free loan to
secondary schools and youth organisations. Careers counselling and
guidance service are also available to visitors of the centre. In 2001, we
received 26 851 visitors and handled 38 099 consultations. 5.32 To provide young people
with first-hand careers information, we organised a variety of careers
activities in 2001, with a record number of 960 485 participants. (Figure
5.13) 5.33 We jointly organised the
Education and Careers Expo with the Hong Kong Trade Development Council
for the 11th time in 2001 to provide the latest information on careers
development and further education options. The Expo also served as a forum
for employers to recruit young talents. There were 303 participating
exhibitors from a wide range of trades, government departments and
professional bodies, as well as local and overseas educational and
training institutes. The event attracted 186 523 visitors and proved to be
the most popular careers information event in Hong Kong. An associated
event of the Education and Careers Expo, the Careers Quiz 2001, took place
from 22 October to 2 November 2001, attracting 156 155 students from 303
secondary schools, including students from special
schools. 5.34 In July and August 2001,
a comprehensive service package ranging from counselling hotline, face to
face counselling service to chat room service on the Internet was
specially provided to Form 5 school leavers. In addition, a series of
seven roving exhibitions on education and careers opportunities at
locations throughout the territory had attracted 5.35 We continued to conduct
school-based careers activities and promote summer job-seekers' awareness
of employment traps and work safety. Posters, booklets and leaflets
publicising the message were distributed to secondary schools and other
outlets. Two part-time certificate courses were organised for in-service
careers masters in the 2001/2002 school year in collaboration with the
Education Department. Regulating Local Employment Agencies and Employment
Outside Hong Kong 5.36 We monitor the operation
of employment agencies through licensing, inspection and investigation of
complaint. In 2001, 1 447 employment agency licences were issued and two
such licences were revoked. A total of 1 211 enforcement inspections were
made to employment agencies. At the end of 2001, there were 1 388 licensed
employment agencies in Hong Kong. 5.37 We regulate employment
outside territory to safeguard the interests of local employees engaged by
employers outside to work in other territories by attesting all employment
contracts entered in Hong Kong involving manual employees and non-manual
employees with monthly wages not exceeding $20,000. Regulating Labour Importation 5.38 To cater for
the genuine needs of employers, a Supplementary Labour Scheme that allows
the entry of imported workers to take up jobs at the technician level or
below and which cannot be filled locally, is administered by the Labour
Department. It operates on the principles of ensuring the priority of
local workers in employment while allowing employers with proven local
recruitment difficulties to import labour to fill the necessary job
vacancies. As at the end of 2001, there were 1 660 imported workers in
Hong Kong. 5.39 We provide active job
matching and referral services to local job-seekers to ensure their
employment priority. Vacancies under the Scheme are widely publicised
locally. To facilitate local workers in filling the vacancies, they could
attend tailor-made retraining courses, if appropriate. Applications from
employers who have set restrictive or unreasonable requirements in terms
of age, education, sex, skill or experience for the vacancies or who have
no genuine intention to employ local workers will be rejected. [ Top ] Employee Rights and Benefits The Programme of Employee Rights and
Benefits 6.1
Employees will only give their best if their employment and working
conditions are perceived to be fair. The objective of the Employee Rights
and Benefits Programme is to improve and safeguard employee rights and
benefits in an equitable manner. Our aim is to progressively enhance
employment standards in a way which is commensurate with the pace of Hong
Kong's economic and social developments and to strike a reasonable balance
between the interests of employers and employees. We achieve this by:
6.2 The principal legislation
administered by this programme area includes the Employees' Compensation
Ordinance (ECO), the Pneumoconiosis (Compensation) Ordinance (PCO), the
Protection of Wages on Insolvency Ordinance (PWIO), the Employment
Ordinance (EO) on conditions of employment and its subsidiary Employment
of Children Regulations and Employment of Young Persons (Industry)
Regulations (termed as the Women and Young Persons (Industry) Regulations
before 12 April 2001) and Part IVB of the Immigration
Ordinance. 6.3 The ECO establishes a
no-fault, non-contributory employee compensation system under which
individual employers are liable to pay compensation for work-related
injuries or fatalities. The ordinance requires all employers to possess
valid insurance policies to cover their liabilities under the ordinance
and at common law. 6.4 The PCO provides
compensation to persons who suffer from silicosis or asbestos-related
diseases. Compensation is paid from the Pneumoconiosis Compensation Fund,
which is administered by the Pneumoconiosis Compensation Fund
Board. 6.5 The PWIO provides for the
establishment of the Protection of Wages on Insolvency Fund (PWIF) and its
administration by a board. The PWIF is financed by an annual levy of $250
on each business registration certificate.(Note: the annual levy was
increased to $600 with effect from 16 May 2002.) At present, the fund
covers wages not exceeding $36,000 accrued during a period of four months
preceding the last day of service; wages in lieu of notice for termination
of up to $22,500 or one month's wages, whichever is less; and severance
payment up to $50,000, plus 50 per cent of any excess entitlement under
the EO. Under the PWIO, employees who are owed wages, wages in lieu of
notice and severance payments by their insolvent employers may apply to
the fund within six months after their last day of service for ex gratia
payments. 6.6 The EO is the main piece
of legislation governing conditions of employment in the non-government
sector. The Employment of Children Regulations made under the EO prohibit
the employment of children below the age of 15 in industrial undertakings
and regulate the employment of children aged 13 but under 15 in
non-industrial establishments. The Employment of Young Persons (Industry)
Regulations set out requirements on the working time arrangements for
young persons employed in the industrial sector and regulate their
employment in dangerous trades. 6.7 The Labour Department also
administers Part IVB of the Immigration Ordinance to combat illegal
employment in order to protect the employment opportunities of local
workers. ¡@ Our Work and Achievements in
2001 Key Indicators of Work 6.8 We
stepped up our efforts to safeguard the rights and benefits of employees
through various activities in 2001. Some key indicators of work of this
programme area are shown in Figure 6.1 in Appendix I. Legislative Proposals to Preserve and Improve Employee
Benefits 6.9 In
2001, we proposed a reform package for the Employees Compensation
Assistance Scheme (ECAS), reviewed the Occupational Deafness Compensation
Scheme (ODCS) and brought forward a proposal regarding the recognition of
Chinese medicine under labour legislation and an administrative scheme .
6.10 The ECAS was set up to
provide payment to injured employees who are unable to receive their
entitlements for employment-related injuries from employers or insurers
after exhausting legal and financially viable means of recovery. It has
incurred annual operating deficits since 1996/1997. To restore the
long-term financial viability of the ECAS, we put forward a reform package
to the LAB, and it was endorsed. Legislative proposal shall be introduced
into the Legislative Council in February 2002. 6.11 Working together with
representatives of employers, employees and relevant professionals, we
proposed a number of measures under the ODCS to improve the benefits of
employees suffering from noise-induced deafness by reason of their
employment in specified noisy occupations. The major proposals included
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. We consulted the LAB and shall
introduce corresponding legislative amendments into the Legislative
Council in Apirl 2002. 6.12 During the year, we also
consulted the LAB on the proposal to recognize Chinese medicine under the
Employment Ordinance, Employees' Compensation Ordinance, Pneumoconiosis
(Compensation) Ordinance and the Pneumoconiosis Ex Gratia Scheme. The LAB
agreed in principle to our proposal. We plan to introduce the necessary
legislative amendments into the Legislative Council by end of
2002. Vigorous Enforcement Efforts 6.13 We have stepped up our
enforcement efforts to ensure that the statutory rights of employees under
labour legislation are well protected. 6.14 In 2001, labour
inspectors carried out 163 185 inspections to different economic sectors,
including 157 786 inspections to combat illegal employment. We enhanced
our communication with the Immigration Department and the Police for more
effective exchange of intelligence and inter-departmental enforcement
operations. Special inspection campaigns were conducted to workplaces and
targeted trades where illegal workers, including foreign domestic helpers
engaged in non-domestic duties, were more likely to be found. Altogether 1
508 suspected cases of illegal employment were referred to the Immigration
Department in 2001 for follow-up actions. (Figure 6.2) 6.15 We further strengthened
the monitoring of government service contractors to protect the statutory
rights of their workers. In 2001, large-scale blitz operations were staged
to check the working conditions of cleaners in public toilets throughout
the territory. Contractors found to have breached labour legislation were
prosecuted. 6.16 Furthermore, labour
inspectors carried out territory-wide inspections to crack down on
employers who failed to possess insurance cover for their
employees. 6.17 To ensure compliance with
the required conditions under the Supplementary Labour Scheme, we
investigated 121 complaints and cases on suspected irregularities such as
alleged displacement of local workers, underpayment of wages and
deprivation of rest days or statutory holidays of imported
workers. New Tendering Arrangements for Government Service
Contracts 6.18 During the year, we
assisted the Finance Bureau in issuing a guideline on the procurement of
government services that rely heavily on the deployment of non-skilled
workers to ensure that these workers enjoy reasonable employment
conditions. Under the new guideline, departments are required to include
in their assessment criteria the wage levels and working hours of the
workers to determine whether the tender offers are in line with the
prevailing market conditions. Records of past convictions under the
Employment Ordinance should be taken into account in the evaluation of
tenders. Processing Employee Compensation Cases 6.19 Under the current
no-fault employees compensation system, compensation is payable to injured
employees or family members of deceased employees for any work-related
injuries or deaths. Employers are required to report occupational injuries
irrespective of the period of temporary loss of earning capacity suffered
by their employees. 6.20 Employee compensation
cases involving sick leave of not exceeding three days are directly
settled between employers and employees. For cases involving sick leave
exceeding three days but not more than seven days and with no permanent
loss of earning capacity, employers may also settle the compensation
claims directly with their employees concerned. For other cases, sick
leave clearance is required to decide whether the injured employees should
be referred to assessment boards for assessment of the degree of permanent
loss of earning capacity. Claims for compensation involving fatality are
determined by the courts or the Commissioner for Labour under the improved
settlement mechanism introduced in August 2000. 6.21 Among all the employee
compensation cases reported in 2001, 10 722 were minor cases involving
sick leave of not exceeding three days, 56 818 were cases involving sick
leave exceeding three days, and 201 were fatal cases (Note 5). (Figures 6.3 and 6.4) Note 5: The figure
represents the total number of reported fatal cases, which includes 20
cases in which the death of the employee was found to be due to natural
cause as at 31 December 2001. 6.22 In the year, we processed
41 132 non-fatal cases reported in the year and involving sick leave
exceeding three days. This included 13 870 cases settled directly between
employers and employees. Compensation amounting to $8.83 million and $358
million was payable respectively to the injured employees in minor cases
and in cases involving sick leave exceeding three days. 6.23 For the 61 003 employee
compensation cases reported in 2000, 58 503 non-fatal cases with sick
leave exceeding three days and 150 fatal cases were settled as at the end
of 2001. A sum of $1.003 billion was payable as compensation to the
injured employees or family members of deceased employees. The number of
days lost was 1 554 200. (Figure 6.5) 6.24 The Loan Scheme for
Employees Injured at Work and Dependants of Deceased Employees provides
temporary relief to victims of work accidents. Under the scheme, an
interest-free loan up to $15,000 in each case will be made to eligible
applicants. In 2001, a total loan of $430,141 were approved in 32
applications . ¡@ Partnership with Statutory Bodies 6.25 We maintain close
partnership with various statutory bodies which are set up under statutes
to administer schemes that are geared to the protection of the rights and
benefits of employees. ¡@ Protection of Wages on Insolvency Fund
Board 6.26 We support the Protection
of Wages on Insolvency Fund Board by verifying applications and approving
payments from the Fund. In 2001, we received 18 038 and processed 13 314
applications, leading to payments of $338.4 million. In the year, we also
completed a comprehensive review of the financial position of the Fund.
The review assessed the current and future needs of the Fund according to
the trend in the number of applications and other possible impacts.
(Figures 6.6 and 6.7) Pneumoconiosis Compensation Fund Board 6.27 The Pneumoconiosis
Compensation Fund Board (PCFB) is established under the Pneumoconiosis
(Compensation) Ordinance (PCO) to provide compensation to persons
suffering from pneumoconiosis. The Board is financed by a levy collected
from the construction and quarrying industries. Under the PCO, the Labour
Department is responsible for determining whether the applicants are
entitled to compensation. For those eligible persons, they will receive
compensation in the form of monthly payments from the PCFB. Employees Compensation Assistance Fund
Board 6.28 The Employees
Compensation Assistance Fund Board (ECAFB) is set up under the Employees
Compensation Assistance Ordinance (ECAO). The ECAFB is responsible for
running the Employees Compensation Assistance Scheme which provides
payments to injured employees who are unable to receive their entitlements
for employment-related injuries from their employers or insurers. The
scheme also protects employers in the event of the insurers underwriting
their employees' compensation insurance becoming insolvent. Occupational Deafness Compensation Board 6.29 The Occupational Deafness
Compensation Board (ODCB) is established under the Occupational Deafness
(Compensation) Ordinance to provide compensation to those persons who
suffered from noise-induced deafness due to employment in specified noisy
occupations. Information and Advisory Services Telephone Enquiry Service 6.30 We operate a
round-the-clock Telephone Enquiry Service to handle public enquiries on
labour legislation and labour matters. Members of the public can listen at
any time to 69 topics of pre-recorded messages in Cantonese, Putonghua or
English on labour legislation and services of the department. They can
also obtain 72 forms and printed messages in Chinese or English by fax.
During office hours,telephone enquiry officers are available to answer
further enquiries. In 2001, this highly popular service handled 1 470 183
calls. (Figure 6.8) Labour Importation Telephone Service 6.31 The Labour Importation
Telephone Service is another computer-operated interactive telephone
answering system, tailor-made for imported workers and their employers.
Through the system, enquirers can obtain information on the rights and
obligations of imported workers and their employers under the
Supplementary Labour Scheme in five languages/dialects: Cantonese,
Putonghua, English, Tagalog and Thai. Enquirers can also obtain
information directly from its facsimile service. In 2001, the service
handled 7 110 calls. Briefings and Promotional Campaigns 6.32 In 2001, eight briefings
were organised for representatives of government departments and their
service contractors to acquaint them with employers' obligations under the
Employment Ordinance. We also arranged 68 briefings for imported workers
and their employers to publicise the rights and obligations of the parties
concerned. 6.33 In addition, enhanced
publicity through the mass media and other channels was launched to
educate and warn employers against illegal employment. 6.34 On another front, the
department actively publicised the statutory requirement of taking out
employees' compensation insurance through exhibitions, seminars,
workshops, publications and advertisements on buses and the Mass Transit
Railway. [ Top ] INTERNATIONAL LABOUR AFFAIRS International Instruments Setting Out Labour
Standards 7.1 A
number of international instruments set out labour standards. The most
important of them are the international labour Conventions set by the
International Labour Organization (ILO). The international labour
Conventions prescribe standards to be modelled on by ILO member States.
Other international instruments touching on labour standards, albeit to a
much smaller extent, include the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and
Political Rights. 7.2 A set of labour
legislation has been enacted which, supplemented by administrative
measures, enables the Hong Kong Special Administrative Region (HKSAR) to
give effect to internationally accepted standards. Through improvements
made to the labour legislation and administrative measures, the HKSAR has
been able to keep abreast with the latest developments in labour
administration and maintains a level of labour standards broadly
equivalent to those of neighbouring countries with similar economic
development as well as social and cultural backgrounds. The Hong Kong Special Administrative Region and the
International Labour Organization 7.3 In
accordance with the Basic Law, the provisions of the international labour
Conventions as applied to Hong Kong before the return of sovereignty shall
remain in force and shall be implemented through the laws of the HKSAR.
The HKSAR aims at applying relevant international labour Conventions as
the local circumstances allow. Notifications of application are registered
with the ILO through the Central People's Government. As at the end of
2001, the HKSAR applied 40 international labour Conventions, with or
without modification. The 40 international labour Conventions applied in
the HKSAR are listed in Appendix IV. 7.4 The HKSAR may participate
in ILO activities, either as members of delegations of the People's
Republic of China or, for activities which are not limited to states, on
its own using the name 'Hong Kong, China'. In 2001, the HKSAR sent
tripartite teams to attend the International Labour Conference in
Switzerland on work-related rights and safety and a regional meeting in
Thailand on national policy for decent work. The department also received
visitors from different countries, including a delegation led by the
Director-General of the International Labour Office to exchange views on
such issues as tripartite consultation and globalisation. Upon the
invitation of the ILO, the department co-organised a large-scale seminar
entitled 'Workshop on Youth Employment in Hong Kong' to collect ideas on
future directions of youth employment.¡@ Contacts with Other Labour Administrations 7.5 In
2001, the Commissioner for Labour led delegations to visit labour
administrators in the Mainland and Japan. During the trips, the department
exchanged views and experience with overseas or Mainland counterparts on
labour issues such as employment policy, vocational training, labour
relations, employees' compensation, occupational safety and health etc.
These visits also strengthened mutual cooperation. 7.6 Details of contacts with the ILO and other
Labour Administrations are listed in Figure 7.1 in Appendix I.
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