XN000022-1981-08-13 — Page 3

THURSDAY, AUGUST 17, 1981

MATERN

LEAVE CLARIFIED ****

WHILE PAID MATERNITY LEAVE APPLIES TO ONLY THREE +SURVIVING CHILDREN+, MATERNITY PROTECTION PROVISIONS TO SAFEGUARD THE HEALTH AND SAFETY OF WORKING MOTHERS APPLY WITHOUT ANY LIMITATION AS TO THE NUMBERS OF CONFINEMENTS OR SURVIVING CHILDREN.

ASSISTANT COMMISSIONER FOR LABOUR, MRS SOO MOK SAU-HA, SAID THIS TODAY (THURSDAY) IN A TALK ON LABOUR LEGISLATION AT A LUNCHEON MEETING OF THE PERSONNEL MANAGEMENT CLUB OF THE HONG KONG MANAGEMENT ASSOCIATION.

IN HER TALK, SHE TRIED TO DISPEL SOME CONFUSION REGARDING PAID MATERNITY LEAVE LEGISLATION.

APPLIES TO THREE PAID MATERNITY LEAVE, SHE POINTED OUT SURVIVING CHILDREN - NOT TWO AS RECOMMENDED BY AN INTER- DEPARTMENTAL WORKING GROUP.

THE INCLUSION OF A LIMIT IN THE LEGISLATION AROSE FROM THE RECOMMENDATION OF THE WORKING GROUP THAT THERE SHOULD NOT BE AN +OPEN-ENDED COMMITMENT+ FOR THE PAID LEAVE AND THE NEED TO LIMIT EMPLOYER'S LIABILITY AND NOT, AS SOME HAD SUGGESTED, FROM CONSIDERATION OF POPULATION.

SHE NOTED THAT THERE HAD BEEN CASES WHERE, PRIOR TO ENACTMENT OF THE LAW, EMPLOYERS WERE ALREADY GRANTING MATERNITY LEAVE ON FULL PAY FOR LESS THAN 10 WEEKS.

THERE WAS SOME CONFUSION AS TO WHETHER AN EMPLOYER WHO GRANTED, FOR EXAMPLE, SEVEN WEEKS FULL-PAY MATERNITY LEAVE SUM GREATER THAN 10 WEEKS LEAVE AT TWO-THIRDS WAS STILL REQUIRED TO PAY THE BALANCE OF THE LEAVE, I.E. THREE WEEKS, TWO-THIRDS PAY.

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MRS SOO SAID THAT LEGAL ADVICE SO FAR HELD THE VIEW THAT IRRESPECTIVE OF THE FACT THAT THE EMPLOYER WAS CONTRACTUALLY BOUND TO PAY PART OF THE LEAVE AT FULL PAY, HE WAS STILL REQUIRED UNDER THE LAW TO PAY THE BALANCE AT TWO-THIRDS PAY.

EARLIER IN HER SPEECH, MRS SOO POINTED OUT THAT HONG KONG HAD SET ITSELF THE TARGET OF ACHIEVING A LEVEL OF LEGISLATION GOVERNING SAFETY, HEALTH AND CONDITIONS OF EMPLOYMENT AT LEAST BROADLY EQUIVALENT TO THE BEST IN ITS NEIGHBOURING COUNTRIES.

IN 1980, 14 ITEMS OF LABOUR LEGISLATION WERE ENACTED AND IN THE FIRST SIX MONTHS OF THIS YEAR, 11 MORE ITEMS, INCLUDING THE MOST IMPORTANT ONES -- THE EMPLOYEES' COMPENSATION ORDINANCE AND THE EMPLOYMENT (AMENDMENT)(NO, 2) ORDINANCE.

MRS SOO SAID LEGISLATIVE PROPOSALS NEXT YEAR OR SO WOULD STRESS SAFETY AND FURTHER IMPROVEMENTS IN EMPLOYEES' COMPENSATION.

IN ADDITION TO SAFETY REGULATIONS ON FIRE PRECAUTION AND ELECTRICAL SAFETY IN FACTORIES AND INDUSTRIAL UNDERTAKINGS AND PROTECTION OF HEARING, THE DEPARTMENT HOPED SOON TO PUT FORWARD PROPOSALS TO EXPEDITE THE PROCESSING OF EMPLOYEES' COMPENSATION CLAIMS, TO PROVIDE FOR COMPULSORY EMPLOYEES' COMPENSATION INSURANCE AND TO SET UP MEDICAL ASSESSMENT BOARDS TO ASSESS THE EXTENT OF PERMANENT INJURIES.