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FRIDAY, DECEMBER 29, 1989
MORE IMPROVEMENTS IN EMPLOYMENT LAW PROPOSED
AN AMENDMENT BILL SEEKING TO IMPROVE PROTECTION FOR WORKERS AND TO CLARIFY SOME EXISTING PROVISIONS IN THE EMPLOYMENT ORDINANCE WAS PUBLISHED IN THE GAZETTE TODAY (FRIDAY).
THE EMPLOYMENT (AMENDMENT) BILL 1989 WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL NEXT MONTH.
BETWEEN MANUAL
UNDER THE PROPOSED AMENDMENTS, THE DISTINCTION AND NON-MANUAL EMPLOYEES WILL BE REMOVED SO THAT ALL EMPLOYEES WILL BE PROTECTED BY THE EMPLOYMENT ORDINANCE.
THIS WILL ALSO HAVE THE EFFECT OF EXTENDING THE COVERAGE OF THE ORDINANCE TO ALL NON-MANUAL EMPLOYEES REGARDLESS OF THE LEVEL OF THEIR WAGES.
BUT FOR THE PURPOSE OF CALCULATING SEVERANCE PAYMENT, WAGES IN EXCESS OF EMPLOYEE WILL NOT BE TAKEN INTO ACCOUNT.
LONG SERVICE PAYMENT $15,000 A MONTH FOR ANY
AND
THE BILL ALSO AMENDS THE DEFINITION OF "CONTINUOUS EMPLOYMENT" TO COVER ALL EMPLOYEES WHO HAVE WORKED A TOTAL OF 18 HOURS A WEEK FN ANY PERIOD OF FOUR CONSECUTIVE WEEKS.
THIS WILL EXTEND THE PROTECTION OF THE ORDINANCE ΤΟ *THE MAJORITY OF REGULAR PART-TIME EMPLOYEES.
FOR GREATER FLEXIBILITY AND TO SET A TIME LIMIT ON PROLONGED SHORT-TIME WORK, THE DEFINITION OF "LAY-OFF" WILL ALSO BE AMENDED.
AN EMPLOYEE WILL BE DEEMED TO BE LAID OFF IF HE [S NOT PROVIDED WITH WORK ON MORE THAN HALF OF THE TOTAL NUMBER OF NORMAL WORKING DAYS IN FOUR CONSECUTIVE WEEKS, OR ON MORE THAN ONE-THIRD OF THE TOTAL NUMBER OF WORKING DAYS IN 26 CONSECUTIVE WEEKS.
THE BILL ALSO SEEKS TO REMOVE THE CAUSE OF UNNECESSARY DISPUTES ARISING OUT OF MISUNDERSTANDING OR UNCERTAINTY OVER THE TERMS AND CONDITIONS OF EMPLOYMENT, WHICH HAVE BEEN AGREED IN WRITING.
IF A CONTRACT OF EMPLOYMENT IS IN WRITING THE EMPLOYER WILL BE REQUIRED TO PROVIDE A COPY OF THE WRITTEN CONTRACT TO HIS EMPLOYEE.
ON MATERNITY PROTECTION, IT IS PROPOSED THAT A QUALIFYING PERIOD OF 12 WEEKS OF CONTINUOUS SERVICE WILL BE REQUIRED BEFORE A PREGNANT EMPLOYEE WHO HAS GIVEN NOTICE OF HER INTENTION ΤΟ TAKE MATERNITY LEAVE IS PROTECTED FROM TERMINATION OF EMPLOYMENT.
THE BILL ALSO CLARIFIES THE DEFINITION OF PAY FOR A HOLIDAY. THE NEW DEFINITION IS THAT THE PAY SHALL BE A SUM TO THE WAGES EARNED BY THE EMPLOYEE ON A FULL WORKING DAY.
STATUTORY EQUIVALENT
OF
FURTHERMORE, THE BILL PROPOSES TO ALLOW FOR THE OFF-SETTING AN EMPLOYER'S CONTRIBUTION TO ALL, FORMS OF RETIREMENT SCHEMES FROM HIS SEVERANCE PAYMENT OR LONG SERVICE PAYMENT.
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