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FRIDAY, MAY 21, 1993
ALSO INCLUDED IN THE AMENDMENT BILL IS A PROPOSAL то SPECIFY THAT THE DAYS OF LOCK-OUT, REST DAYS, ANNUAL LEAVE DAYS AND STATUTORY HOLIDAYS SHOULD NOT BE RECKONED AS NORMAL WORKING DAYS DURING THE REFERENCE PERIOD IN RELATION TO A LAYOFF, MR CHAN NOTED.
AT
PRESENT, AN EMPLOYEE IS DEEMED TO BE LAID OFF AND ENTITLED TO SEVERANCE PAYMENT IF THE TOTAL NUMBER OF DAYS ON WHICH WORK IS NOT PROVIDED FOR HIM EXCEEDS EITHER HALF OF THE TOTAL NUMBER OF NORMAL WORKING DAYS IN A PERIOD OF FOUR CONSECUTIVE WEEKS, OR ONE-THIRD OF THE TOTAL NUMBER OF NORMAL WORKING DAYS IN A PERIOD OF 26 CONSECUTIVE WEEKS.
OR
"THE PROPOSAL AIMED AT REMOVING THE AMBIGUITY AS TO WHETHER NOT THE DAYS OF LOCK-OUT, REST DAYS, ANNUAL LEAVE DAYS AND STATUTORY HOLIDAYS SHOULD COUNT AS NORMAL WORKING DAYS," HE SAID.
MEANWHILE, THE LABOUR DEPARTMENT ALSO PROPOSED TO SIMPLIFY THE CERTIFICATION PROCEDURES OF AN EMPLOYEE WHO INTENDS то RESIGN AND CLAIM LONG SERVICE PAYMENT ON GROUNDS OF ILL HEALTH.
AT PRESENT, THE EMPLOYEE MUST BE CERTIFIED BY A MEDICAL PRACTITIONER PRACTISING IN A GOVERNMENT, GOVERNMENT-SUBVENTED OR PUBLIC HOSPITAL AS "PERMANENTLY UNFIT" FOR THE TYPE OF WORK HE IS PERFORMING.
SUCH
"IN ORDER TO MINIMISE DELAY AND DIFFICULTIES IN OBTAINING MEDICAL CERTIFICATES, WE PROPOSED THAT THESE CERTIFICATES MAY BE ISSUED BY A MEDICAL PRACTITIONER WHO IS REGISTERED UNDER THE MEDICAL REGISTRATION ORDINANCE.
"IN THE EVENT THAT THE EMPLOYER IS NOT SATISFIED WITH THE MEDICAL ASSESSMENT, HE MAY, AT HIS OWN EXPENSE, APPOINT ANOTHER REGISTERED MEDICAL PRACTITIONER TO REASSESS THE MEDICAL CONDITION OF
THE EMPLOYEE.
"IF THE MEDICAL OPINIONS OF THE TWO ASSESSMENTS ARE IN CONFLICT, THE CASES MAY BE REFERRED TO THE COMMISSIONER FOR LABOUR, WHO MAY SEEK MEDICAL EXPERTS' ADVICE, FOR DETERMINATION, HE ADDED.
H
AS REGARDS ANNUAL LEAVE, MR CHAN SAID IT WAS PROPOSED TO ALLOW AN
EMPLOYER AN OPTION TO SPECIFY ANY PERIOD OF 12 CONSECUTIVE MONTHS AS THE LEAVE YEAR FOR ALL HIS EMPLOYEES.
UNDER THE EMPLOYMENT ORDINANCE, AN EMPLOYEE IS ENTITLED TO MAXIMUM OF 14 DAYS OF PAID ANNUAL LEAVE FOR A LEAVE YEAR WHICH ANY PERIOD OF 12 MONTHS STARTING ON THE DAY WHEN AN EMPLOYEE EMPLOYMENT OR ON ANNIVERSARY OF THAT DAY.
A
MEANS STARTS
"AS DIFFERENT EMPLOYEES USUALLY HAVE DIFFERENT STARTING DAYS OF THEIR LEAVE YEAR, A GREAT DEAL OF ADMINISTRATIVE WORK IS IMPOSED ON AN EMPLOYER IN KEEPING TRACK OF ALL HIS EMPLOYEES' ANNUAL, LEAVE.
"WE HOPE THAT THE MOVE WILL REDUCE THE BURDEN OF ADMINISTRATIVE WORK OF EMPLOYERS IN THE CALCULATION OF ANNUAL LEAVE," HE ADDED.
/MR CHAN