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EMPLOYMENT
at ensuring a minimum of nine years education and at protecting their health, safety and welfare.
Under the Women and Young Persons (Industry) Regulations, young persons aged 15 to 17 and women are permitted to work eight hours a day and six days a week in industry. Women and young persons aged 16 and 17 must be given a break of at least 30 minutes after five hours of continuous work. In the case of young persons aged 15, the break must not be less than one hour. Overtime employment for women is restricted to two hours a day and 200 hours a year while persons under the age of 18 are not permitted to work overtime. However, the Commissioner for Labour may, under special circumstances, increase the hours of overtime employment allowed for an industrial undertaking. Women are not usually allowed to work between 8 p.m. and 6 a.m. while persons under the age of 18 are prohibited from working between 7 p.m. and 7 a.m. Permission has been given by the Commissioner for Labour to some large factories mostly those engaged in cotton- spinning to employ women at night, subject to certain stringent conditions. Women and young persons must not be employed on more than six days in any week. The regulations also prohibit women and young persons from working underground or in dangerous trades.
LE
In 1987, the Labour Inspectorate made 242 791 day and night inspections to both indus- trial and non-industrial establishments; two special campaigns were conducted against the employment of children and illegal immigrants, covering 10 654 establishments. During the year, 107 cases of child employment involving 107 children were brought before the courts.
Controls on Illegal Employment
Under the Immigration Ordinance, employers are prohibited from employing persons who have no valid proof of identity and those Vietnamese refugees who are not permitted to obtain employment. The ordinance also requires all employees to produce proof of identity for inspection and employers to maintain up-to-date records of their employees. These legislative requirements, which aim at stopping the flow of illegal immigrants into Hong Kong, are enforced by the Labour Department.
Long-Service Payment
From January 1, 1986, employers were required by the Employment Ordinance to give long service payment to their employees under certain circumstances. An employee who has worked continuously for the same employer for more than five years, and who has been dismissed other than by way of summary dismissal or redundancy is entitled to a long service payment calculated at the rate of two-thirds of a month's wages for each year of service. In the case of redundancy, he may claim severance payment calculated at a similar rate.
The amount of long service payment can vary with the age of the employee. An employee aged 40 or above is entitled to the full payment, while younger ones are entitled to only 50 per cent or 75 per cent, depending on their age. In early 1987, the Labour Department carried out a review of the long service payment scheme and proposed extending the eligibility for long service payment to employees who resign on grounds of ill health or old age and to dependants of deceased employees.
Trade Unions
Trade unions in Hong Kong must be registered under the Trade Unions Ordinance, which is administered by the Registrar of Trade Unions. Once registered, they are corporate bodies and enjoy immunity from certain civil suits.