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Three copies of (a) were-attached to the report on Convention No. 105 for the period ending 30 June 1989 and subsequent amendments to it were attached to the report on Convention No. 101 for the period ending 30 June 1990.
The latest amendments to (a) and the updated relevant regulations of (b) are attached herewith.
QUESTION II
Article 1
This convention is applied by the Employment Ordinance (Chapter 57) and Civil Service Regulations. The Employment Ordinance draws no distinctions between industrial and commercial undertakings or between industrial/commercial and agricultural undertakings. It is applicable to all sectors of the economy outside the Civil Service. With an amendment passed in
passed in June 1990, the ordinance covers all manual and non-manual workers irrespective of their earnings. Before the amendment, the ordinance covered all manual workers irrespective of their earnings and all non-manual workers earning not more than HK$11,500 a month. The ordinance does not apply to :
(a)
(b)
(c)
(d)
an employee who is a member of the employer's family and lives in the same dwelling as the employer;
an employee who comes under the Contracts for Employment Outside Hong Kong Ordinance; and
a seamen serving under ship's articles.
an apprentice whose contract of apprenticeship has been registered under the Apprenticeship Ordinance (Chapter 47).
Article 2
In the context of Part III (Maternity Protection) of the Employment Ordinance, the term "woman" signifies any female employee, irrespective of age and nationality, whether married or unmarried, who is within the coverage of the Employment Ordinance and who satisfies the conditions laid down under Part III, i.e. sections 12 to 15C, of the ordinance (see answer to Article 3).
In the context of Civil
Civil Service Regulation 1297; the term "woman" signifies any woman officer, irrespective of age and nationality, whether married or unmarried. To be entitled to maternity leave pay, however, any woman officer has to satisfy certain conditions (see answer to Article 3).
In the context of Part III of the Employment Ordinance, the term "child" signifies a child, whether legitimate or illegitimate, born to a female employee who satisfies certain specified conditions (see answer to Article 3).
In
the context of Civil Service Regulation 1297, the term "child" signifies a child, whether legitimate or illegitimate, born to a woman officer. However, entitlement to maternity leave pay is subject to the child's mother satisfying certain conditions (see answer to Article 3).
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