CONFIDENTIAL #
14
S
3.9
Employers may object to the method of funding proposed in paragraph 3.8 above, quoting the ILO principle that employers should not be individually liable for the cost of maternity benefits and that such benefits huld be provided out of public funds or by means of syuto of ecil insurance. The orking Group observes however that in developing countries where contributory schemes are yet to be introduced, legislation is often enacted to oblige employers to pr vide the necessary social benefits though such provisions are as a.rule limited in scope. Since there are already precedents of employers' liability elsewhere (see paragraph 3.8(a) above) and in the absence of a social insurance system in Hong Kong, it is considered that these arguments could be satis- factorily countered.
Rate of pay entitle, ent during maternity leave
3.10
oct of the 7 neighbouring Asian countries 'labour laws provide for at least 8 we ks full pay during maternity leave and the ILC provides for a rate not less than 2/3 of the female worker's previous ages. Loreover, 2/3 wages is the standard in the
nployment Ordinance (for sickness allowance) and in the Workmen's Compensation reinence, Chapter 282 (for periodical payments in the case of temporary inc. pacity). The orking Group therefore recommends a rate of 2/3 rages during the whole period of maternity leave. Calculation of avera e vares should follow the general provisions in the uplement (rdinance. The orking Group observes that this quantum of payment would normally represent 7 weeks full pay, hich is still slightly inferior to the ILO minimuma requirement (i.e. equivalent 8 weeks full pay) and to the norn in most of our neighbouring sian countries (including Singapore, Malaysia, Taivan and Korea) where at least 8 weeks full pay is the legal requirement. However, the orking Group considers its recommendation to be a reasonable starting point.
Limit on number of children
for pay entitlement purposes
3.11
o such limit is specified in ILC Conventions or in the
United Kingdon.
orever, lirit exist in ingapore (2 surviving
CONFIDENTIAL
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