EMPLOYMENT
Employees' Compensation
In the HKSAR, the employees' compensation system adopts the no-fault principle under which compensation is payable irrespective of whether the injury, the occupational disease or death is caused by the fault of the employee. The Employees' Compensation Ordinance operates on the basis of individual liability by employers and covers injuries or death caused by accidents arising out of and in the course of employment or by specified occupational diseases. Employers are required to take out compulsory insurance policies to cover their liabilities under the ordinance and at common law.
The Employees' Compensation Division of the Labour Department, which administers the Employees' Compensation Ordinance, assists injured employees and dependants of deceased employees in obtaining compensation from their employers. It also administers a scheme to provide interest-free loans to those who need financial assistance as a result of a work-related accident.
The division also assists persons suffering from pneumoconiosis in obtaining compensation under the Pneumoconiosis (Compensation) Ordinance from the Pneumoconiosis Compensation Fund Board. Apart from compensation, the board also finances research, educational and publicity activities and rehabilitation programmes for pneumoconiosis sufferers. Pneumoconiosis sufferers diagnosed before 1981 are not covered by the ordinance. They receive ex gratia benefits from the Government under the Pneumoconiosis Ex Gratia Scheme.
The Occupational Deafness Compensation Scheme compensates employees suffering from occupational noise-induced deafness. It is administered by the Occupational Deafness Compensation Board which was established in June 1995. Apart from processing and assessing applications for compensation under the scheme, the board also conducts or finances educational and publicity programmes aimed at preventing noise-induced deafness by reason of employment.
The Employees Compensation Assistance Scheme provides a safety net for injured employees or dependants of deceased employees such that they can receive compensation from the scheme in cases where employers default payment or insurers become insolvent. The scheme is financed by a levy imposed on all employees' compensation insurance policies taken out by employers. The Education and Manpower Bureau commissioned a consultancy review on the scheme during the year to ensure that its fund could meet current and future demands.
Telephone Enquiry Service
The Labour Department's Telephone Enquiry Service handles enquiries on labour legislation and services offered by the department. An Intelligent Call Centre equipped with the latest computer telephony integrated system was set up in June to provide the public with an upgraded, efficient and user-friendly service.
The centre operates round-the-clock in providing callers with pre-recorded messages in Cantonese, Putonghua or English and information leaflets in Chinese or English by fax. Guided by the computer-operated answering facilities, callers can obtain information they need by selecting from a wide range of topics. The service is supplemented by staff operators during office hours to handle more complicated enquiries. The service handled 1 491 846 calls in 1999.
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