EN CLAIR
HONG KONG
TO
FOREIGN AND COMMONWEALTH OFFICE
TELNO 878
21 NOVEMBER 1969
UNCLASSIFIED
TOP COPY
FOR CARTER. PLEASE PASS TO SIR DAVID TRENCH ON MONDAY 24TH. ITEMS OF LEGISLATION LISTED BELOW ARE THOSE MENTIONED IN HONG KONG'S SAVING DESPATCH 1142 OF 13TH OCTOBER 1969.
2. BILL AMENDING THE EMPLOYMENT ORDINANCE TO PROVIDE FOR AN ENTITLE-
MENT OF FOUR REST DAYS A MONTH HAS BEEN DRAFTED AND WILL BE CONSID-
ERED BY EXECUTIVE COUNCIL ON 2ND DECEMBER FOR INTRODUCTION IN TO THE LEGISLATIVE COUNCIL ON 17TH DECEMBER. MAIN PROVISIONS ARE AS FOLLOWS: (A) ENTITLEMENT GIVEN TO THOSE COVERED BY THE PRINCIPAL ORDINANCE, THAT IS ALL MANUAL WORKERS AND ALL NON-MANUAL WORKERS WHOSE MONTHLY WAGES DO NOT EXCEED DOLLARS 1,500. YOUNG PERSONS AND WOMEN IN INDUSTRIAL EMPLOYMENT SPECIFICALLY EXCLUDED BECAUSE THEY ARE ALREADY GRANTED ONE REST DAY IN EVERY SEVEN DAYS UNDER FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS.
(B) REST DAYS ARE ADDITIONAL TO THOSE GRANTED TO INDUSTRIAL WORKERS UNDER THE INDUSTRIAL EMPLOYMENT (HOLIDAYS WITH PAY AND SICKNESS ALLOWANCE) ORDINANCE.
(C) EMPLOYER MUST PREPARE BEFORE BEGINNING OF EACH MONTH A ROSTER EXHIBITED IN CONSPICUOUS PLACE OF APPOINTED REST DAYS UNLESS THEY ARE ON FIXED DAYS ON A REGULAR BASIS. REST DAYS MAY BE SAME FOR ALL WORKERS OR DIFFERENT FOR DIFFERENT WORKERS.
(D) EMPLOYERS MAY SUBSTITUTE REST DAY AT 48 HOURS' NOTICE BUT MUST
GIVE ANOTHER REST DAY WITHIN 30 DAYS.
(E) EMPLOYER MAY REQUIRE WORKER TO WORK ON REST DAY BY REASON OF BREAKDOWN OF MACHINERY OR PLANT OR OTHER UNFORESEEN EMERGENCY.
WAGES MUST BE PAID AT NOT LESS THAN ONE AND A HALF TIMES NORMAL RATE.
(F) EMPLOYER NOT REQUIRED TO PAY WAGES FOR REST DAYS UNLESS CONTRACT OF EMPLOYMENT PROVIDES OTHERWISE.
(G) WORKER MAY REQUEST TO WORK ON REST DAYS. IF EMPLOYER AGREES, WORKER MUST BE PAID NOT LESS THAN NORMAL RATE OF WAGES.
(H) EMPLOYER MAY REQUEST WORKER TO WORK ON REST DAY. IF WORKER AGREES
WAGES MUST BE PAID AT NOECELESS THAN ONE AND A HALF TIMES NORMAL
OR NOTIONAL RATE.
IR TRY No.51
.-. NOV 1969
JAKK 5/15
(1) OFFENCES