Labour Advisory Board Report 2023-2024 - Chapter 3
Activities in the 2023-2024 Term
3.1 Introduction
The Labour Advisory Board (“LAB”) held nine meetings during the period from 1 January 2023 to 31 December 2024 to advise on labour legislation, administrative measures on labour matters as well as other issues.
3.2 Consultation on Labour Legislation
Labour legislation items discussed by LAB are listed below:
Employment Ordinance
- To review the “continuous contract” requirement
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LAB discussed the subject and reached a consensus at its meeting in February 2024 which proposed to relax the working hours threshold of the “continuous contract” requirement under the Employment Ordinance (“EO”) to an aggregate of 68 hours in a specified four-week period.
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Protection of Wages on Insolvency Ordinance
- To increase the maximum amount of ex gratia payment on severance payment under the Protection of Wages on Insolvency Fund (“the Fund”)
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LAB discussed and agreed at its meeting in November 2024 the proposed increase of the maximum amount of ex gratia payment on severance payment under the Fund.
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Employees’ Compensation Ordinance, Pneumoconiosis and Mesothelioma (Compensation) Ordinance and Occupational Deafness (Compensation) Ordinance
- To review the amounts of compensation items
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LAB discussed and agreed at its meeting in November 2024 the proposals to adjust upwards the amounts of a total of 18 compensation items under the Employees’ Compensation Ordinance, the Pneumoconiosis and Mesothelioma (Compensation) Ordinance and the Occupational Deafness (Compensation) Ordinance.
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Factories and Industrial Undertakings (Safety Management) Regulation
- To implement the remaining four process elements of the Factories and Industrial Undertakings (Safety Management) Regulation (“the SMR Regulation”)
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To further enhance the safety management system of relevant industrial undertakings, the Labour Department (“LD”) planned to gazette the commencement notice (“CN”) in the first quarter of 2024 to appoint the operation date of the remaining four process elements specified in Part 3 of Schedule 4 of the SMR Regulation and to lay the CN on the table of the Legislative Council through negative vetting procedures. LAB was briefed on the relevant legislative proposal by LD and provided its opinions at its meeting in October 2023.
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3.3 Consultation on Administrative Measures on Labour Matters
- The Government briefed or consulted LAB on the following labour matters:
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items pertaining to the labour portfolio in the Chief Executive’s 2023 Policy Address and 2024 Policy Address;
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the Special Scheme to Import Care Workers for Residential Care Homes;
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the sector-specific labour importation schemes for the construction sector and transport sector, and the Enhanced Supplementary Labour Scheme (“ESLS”);
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proposed widening of industry coverage of the Pilot Rehabilitation Programme for Employees Injured at Work from the construction industry to the catering and hotel industry, and the transportation and logistics industry;
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revision of the “Code of Practice for Safety and Health at Work in Confined Spaces”; and
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the Re-employment Allowance Pilot Scheme.
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3.4 Consultation on Other Measures
- LAB noted and gave its views on the key findings of the 2023 Manpower Projection and arrangements for admission of technical professionals undertaken by the Labour and Welfare Bureau and other relevant Bureaux / Departments.
3.5 Supplementary Labour Scheme / Enhanced Supplementary Labour Scheme
On the premise of ensuring employment priority for local workers, the Government allowed employers with genuine difficulties in recruiting local workers to fill the job vacancies to apply to the Supplementary Labour Scheme (“SLS”) for importation of labour at the level of technician or below. To cope with the challenges brought by manpower shortage and support the economic growth, the Government in 2023 launched sector-specific labour importation schemes for the construction sector, transport sector, and residential care homes for the elderly and residential care homes for persons with disabilities. Besides, LD has implemented ESLS since 4 September 2023 to enhance the coverage and operation of SLS.
LD invites LAB members’ views on each application under SLS / ESLS, before the Commissioner for Labour approves or refuses the relevant applications. During the 2023-2024 term, LAB provided views on 6 783 applications for labour importation.
A working group on SLS / ESLS has been formed under LAB. The terms of reference, composition and membership of the working group are at Appendix VI.
3.6 Participating in the International Labour Conferences
LAB members attend the annual International Labour Conferences as part of the delegation of the People’s Republic of China. The Conferences provide a valuable forum for LAB members to exchange views, share experience and establish contacts with delegates from participants of the International Labour Organisation (“ILO”).
The 111th Session of the International Labour Conference was held from 5 to 16 June 2023 in Geneva, Switzerland. Members of the tripartite team from the Hong Kong Special Administrative Region (“HKSAR”) were:
| Government Representatives | Employer Representatives | Employee Representatives |
|---|---|---|
| Mr Chris Sun Yuk Han, JP Secretary for Labour and Welfare |
Hon Ho Sai Chu, GBM, GBS, JP | Ms Tam Kam Lin |
| Ms May Chan Wing Shiu, JP Commissioner for Labour |
Mr Irons Sze, BBS, JP3 | Ms Lai Na |
| Mr Daniel Fong Siu Wai Administrative Assistant to Secretary for Labour and Welfare |
Mr Ricky Chan Wai Chung | Mr Wong Yin Hao |
| Ms Catherine Law Sui Fong Assistant Commissioner for Labour |
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| Ms Sammi Fu Hiu Lam Political Assistant to Secretary for Labour and Welfare |
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| Mr Jonathan Chong Tze Wai Press Secretary to Secretary for Labour and Welfare |
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| Mr Stephen Lau Wing Kei Assistant Secretary for Labour and Welfare |
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| Ms Rosanna Chan Pui Sze Senior Labour Officer |
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| Mr Calvin Cheng Yu Ting Labour Officer |
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| Mr Max Ching Chi Nang Labour Officer |
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| Ms Rosalia Luk Yin Tung Assistant Labour Officer I |
International Labour Conference
Around 5 000 government, employer and employee delegates representing 187 Members of ILO attended the Conference. The HKSAR representatives participated in the plenary sessions of the Conference and relevant Committee meetings, including those of the Committee on the Application of Standards.
The 112th Session of the International Labour Conference was held from 3 to 14 June 2024 in Geneva, Switzerland. Members of the tripartite team from the HKSAR were:
| Government Representatives | Employer Representatives | Employee Representatives |
|---|---|---|
| Ms May Chan Wing Shiu, JP Commissioner for Labour |
Hon Ho Sai Chu, GBM, GBS, JP | Ms Tam Kam Lin |
| Ms Catherine Law Sui Fong Assistant Commissioner for Labour |
Dr Mak Kin Wah, BBS, JP | Mr Lam Wai Kong, MH |
| Ms Rosanna Chan Pui Sze Senior Labour Officer |
Mr Irons Sze, BBS, JP | Ms Julie Lai Mei Chu |
| Ms Mandy Cheung Kit Yan Labour Officer |
Mr Emil Yu Chen On, BBS, JP | Ms Lai Na |
| Mr Max Ching Chi Nang Labour Officer |
Mr Ricky Chan Wai Chung | Mr Wong Yin Hao |
| Mr Calvin Cheng Yu Ting Labour Officer |
International Labour Conference
More than 4 900 government, employer and employee delegates representing 187 member States of ILO participated in the Conference. The HKSAR representatives took part in the plenary sessions of the Conference and relevant meetings, including those of the Committee on the Application of Standards.
3.7 Liaison with ILO
In April 2024, Director of the ILO Country Office for China and Mongolia, Dr Lee Chang Hee, visited Hong Kong. He met with senior officials of LD, and shared with LAB the latest development of international labour affairs.