WEDNESDAY, JUNE 29, 1977

LEGCO SUPPORTS BETTER WAGE PROTECTION FOR CONSTRUCTION WORKERS

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THE EMPLOYMENT (AMENDMENT) (NO. 4) BILL, WHICH SEEKS TO MAKE PRINCIPAL CONTRACTORS VICARIOUSLY LIABLE FOR THE UNPAID WAGES OF THE EMPLOYEES OF THE IR SUB-CONTRACTORS, WAS PASSED BY THE LEGISLATIVE COUNCIL WITH THE SUPPORT OF UNOFFICIAL MEMBERS.

CTING

THE HON. PETER C. WONG, SPEAKING AT THE RESUMED DEBATE, SAID THE BILL WOULD HELP DISCOURAGE INDISCRIMINATE SUB-CONTRACTING AND MINIMIZE EXPLOITATION BY IRRESPONSIBLE SUB-CONTRACTORS.

HE ALSO NOTED THAT IT WOULD GIVE LEGISLATIVE EFFECT TO THE EXISTING PRACTICE OF GOOD CONTRACTORS.

MR. WONG SAID AN AD HOC GROUP OF EIGHT UNOFFICIALS FORMED TO STUDY THE BILL HAD CAREFULLY CONSIDERED ITS PROVISIONS AND HAD HAD USEFUL DISCUSSIONS WITH THE COMMISSIONER FOR LABOUR. WITH CERTAIN MINOR RESERVATIONS, THE GROUP WAS HAPPY WITH THE LEGISLATION, HE SAID.

HE SAID THAT THE GROUP HAD TWO SUGGESTIONS, FIRSTLY TO AMEND THE WORDS 'PRINCIPAL SUB-CONTRACTOR IN SECTION 43F (3) (A) TO 'PRINCIPAL CONTRACTOR', AND SECONDLY TO REQUIRE ALL SUB-CONTRACTORS IN THE CHAIN OF SUB-CONTRACTING TO PROVIDE THE CONTRACTOR, WHO IS VICARIOUSLY LIABLE, WITH INFORMATION RELATING TO EMPLOYEES CLAIMING UNPAID WAGES.

MR. WONG NOTED THAT UNDER THE BILL, A SUB-CONTRACTOR OR A NOMINATED SUB-CONTRACTOR WAS RESPECTIVELY REQUIRED TO PROVIDE HIS EMPLOYEES, IN THE EVENT OF HIS FAILURE TO PAY WAGES, WITH THE NAME AND ADDRESS OF THE PRINCIPAL CONTRACTOR AND EVERY SUPERIOR SUB-CONTRACTOR, OR MAIN NOMINATED SUB-CONTRACTOR AND EVERY SUPERIOR NOMINATED SUB-CONTRACTOR.

+OBVIOUSLY, THIS INFORMATION IS ESSENTIAL TO THE EMPLOYEES WHOSE WAGES HAVE NOT BEEN PAID.

WHO

+ IT IS FELT THAT AS A MATTER OF JUSTICE, A CONTRACTOR, IS VICARIOUSLY LIABLE TO PAY THE WAGES UNDER THE PROVISIONS OF THIS BILL, SHOULD HAVE A RIGHT TO ASCERTAIN WHETHER HE IS IN FACT PAYING WAGES TO THE RIGHT PARTIES, + MR. WONG SAID.

THE COMMISSIONER FOR LABOUR, THE HON. PETER WILLIAMS, ACCEPTED THE PROPOSED AMENDMENTS AND HAD THEM MADE IN THE COMMITTEE STAGE. HE THANKED THE AD HOC GROUP OF UNOFFICIALS FOR THE IR ASSISTANCE AND SUPPORT GIVEN TO THE BILL.

HE SAID ITS PREPARATION HAD NOT BEEN WITHOUT DIFFICULTIES BUT MANY PROBLEMS WERE IRONED OUT WITH THE HELP OF MEMBERS OF THE BUILDING CONTRACTORS' ASSOCIATION, MANY OF WHOSE VIEWS WERE ACCEPTED OR TAKEN INTO CONSIDERATION.

+THE ENACTMENT OF THIS BILL WILL REPRESENT ONE MORE STEP FORWARD IN OUR EFFORTS TO PROTECT THE LEGITIMATE INTERESTS OF WORKERS, THE COMMISSIONER SAID.

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