WEDNESDAY, JUNE 2, 1993
1993
10
PROPOSALS TO STREAMLINE EMPLOYMENT LAW
THE
GOVERNMENT HAS PROPOSED TO SIMPLIFY THE MEDICAL CERTIFICATION PROCEDURES FOR EMPLOYEES WHO INTEND TO RESIGN AND CLAIM LONG SERVICE PAYMENT ON GROUNDS OF ILL HEALTH.
AT PRESENT. AN 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.
EXPERIENCE SHOWS THAT SOME EMPLOYEES HAVE MET WITH DELAY AND DIFFICULTIES IN OBTAINING SUCH MEDICAL CERTIFICATES.
"TO SIMPLIFY THE PRESENT CERTIFICATION PROCEDURES, TO ALLOW ANY MEDICAL PRACTITIONER REGISTERED UNDER THE REGISTRATION ORDINANCE TO ISSUE THE CERTIFICATE," SAID LEUNG,
SECRETARY FOR EDUCATION AND MANPOWER, WHEN MOVING READING OF THE EMPLOYMENT (AMENDMENT) BILL 1993 IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
WE PROPOSE MEDICAL MR MICHAEL THE SECOND
"WE ALSO PROPOSE THAT IF THE EMPLOYER IS NOT SATISFIED WITH THE ASSESSMENT MADE BY THE EMPLOYEE, HE MAY, AT HIS OWN EXPENSE, ANOTHER MEDICAL PRACTITIONER ΤΟ REASSESS THE EMPLOYEE'S MEDICAL CONDITIONS.
MEDICAL APPOINT
"SHOULD THE MEDICAL OPINIONS OF THE TWO ASSESSMENTS BE IN CONFLICT, THE CASE MAY BE REFERRED TO THE COMMISSIONER FOR LABOUR FOR DETERMINATION," HE ADDED.
ANOTHER PROPOSAL IN THE AMENDMENT BILL RELATES TO THE LAY-OFF
PROVISIONS.
CURRENTLY, AN EMPLOYEE IS DEEMED TO BE LAID OFF 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 ANY PERIOD OF FOUR CONSECUTIVE WEEKS, OR ONE-THIRD OF THE TOTAL NUMBER OF NORMAL WORKING DAYS IN ANY PERIOD OF 26 CONSECUTIVE WEEKS.
"HOWEVER, THERE IS AN AMBIGUITY IN THE EXISTING PROVISION ON WHETHER OR NOT THE DAYS OF LOCK OUT, REST DAYS, STATUTORY HOLIDAYS AND ANNUAL LEAVE DAYS SHOULD COUNT AS WORKING DAYS, THE SECRETARY SAID.
17
"TO REMOVE THIS AMBIGUITY, WE PROPOSE TO SPECIFY THAT THESE DAYS SHOULD NOT BE RECKONED AS NORMAL WORKING DAYS DURING THE REFERENCE PERIOD, HE ADDED.
77
A FURTHER PROPOSAL IS TO INTRODUCE AN OPTION FOR AN EMPLOYER TO SPECIFY ANY PERIOD OF 12 CONSECUTIVE MONTHS AS THE COMMON LEAVE YEAR FOR HIS EMPLOYEES,
THE MOVE AIMS TO REDUCE THE GREAT DEAL OF ADMINISTRATIVE WORK IMPOSED ON AN EMPLOYER IN KEEPING TRACK OF ALL HIS EMPLOYEES' ANNUAL LEAVE SINCE DIFFERENT EMPLOYEES HAVE DIFFERENT STARTING DAYS OF THEIR LEAVE YEAR.
/TO PROVIDE