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EMPLOYMENT

The Labour Tribunal

The Labour Tribunal, which is part of the judiciary, provides a quick, inexpensive and informal method of adjudicating various types of disputes between employees and employers.

In 1994, the tribunal heard 2 576 cases involving employees as claimants, and a further 65 cases initiated by employers. More than $45.5 million was awarded by the presiding officers. Of these cases, 97.6 per cent were referred by the department's Labour Relations Division after unsuccessful conciliation attempts.

Minor Employment Claims Adjudication Board

To speed up the settlement of minor wage claims between employers and employees, the Minor Employment Claims Adjudication Board was set up in the Labour Department on December 23, 1994, for the adjudication of rights claimed under the Employment Ordinance and in accordance with individual employment contracts.

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The board hears and adjudicates claims involving not more than five claimants for a sum of money not exceeding $5,000 per claimant. Hearings are conducted in public and pro- cedures are simple and informal.

Claims involving more than five claimants, or more than $5,000 per claimant, are still heard by the Labour Tribunal.

Protection of Wages on Insolvency Fund

The Protection of Wages on Insolvency Fund is financed by an annual levy of $250 on each business registration certificate. Employees who are owed wages and other termination benefits by their insolvent employers may apply to the fund for ex gratia payment. The fund covers wages not exceeding $18,000 accrued during a period of four months preceding the date of application; wages in lieu of notice for termination of up to $6,000 or one month's wages, whichever is less; and severance payment up to $8,000, plus 50 per cent of any entitlement in excess of $8,000.

During the year, the fund received 6 892 applications and paid out a total of $83.5 million to 5 738 applicants.

Finding Employment

The Employment Services Division of the Labour Department provides free placement services to help employers recruit staff and to assist job-seekers in finding suitable employment.

Since 1992, employers wishing to employ foreign workers under the importation of labour schemes must notify the division of the vacancies available. This requirement ensures that local job-seekers have priority in filling the vacancies. For the General Importation of Labour Scheme in 1994, the division received notification of some 100 000 vacancies.

The division is also responsible for processing applications under the Employees Retraining Scheme and for assisting the retrainees to find employment.

During the year, 111 247 job-seekers registered with the division while employers reported 64 354 vacancies. The division made 98 533 job referrals and placed 17 227 persons in employment.

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