XN000022-1981-12-09 — Page 16

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WEDNESDAY, DECEMBER 9, 1981

MATERNITY PAY LAW TO BE REVIEWED

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THE LABOUR DEPARTMENT WILL BE REVIEWING THE OPERATION OF THE NEW MATERNITY PAY LEGISLATION TO SEE WHETHER IT IS WORKING SATISFACTORILY AND WHETHER LEGAL PROBLEMS HAVE ARISEN.

THE COMMISSIONER FOR LABOUR, THE HON J.N. HENDERSON, SAID THIS AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) IN REPLY TO QUESTIONS ABOUT PAID MATERNITY LEAVE LEGISLATION BY THE HON ANDREW SO KWOK-WING.

MR HENDERSON POINTED OUT THAT THE DEPARTMENT NORMALLY REVIEWS THE OPERATION OF NEW LEGISLATION ABOUT SIX TO TWELVE MONTHS AFTER ENACTMENT TO SEE WHETHER IT IS WORKING SATISFACTORILY AND WHETHER LEGAL PROBLEMS HAVE ARISEN.

DURING THE REVIEW OF THE MATERNITY PAY LEGISLATION IN THE NEXT FEW MONTHS, THE DEPARTMENT WILL BE STUDYING THE POSITION IN THE LIGHT OF EXPERIENCE AND WILL BE TAKING INTO ACCOUNT USEFUL SUGGESTIONS TO IMPROVE THE LAW THAT HAVE BEEN PUT FORWARD.

MR HENDERSON WENT ON TO SAY THAT SINCE THE INTRODUCTION OF PAID MATERNITY LEAVE ON JUNE 1, 1981, 39 COMPLAINTS OF ALLEGED INFRINGEMENTS OF THE LEGISLATION HAD BEEN REPORTED TO THE LABOUR RELATIONS SERVICE OF THE DEPARTMENT.

OF THESE COMPLAINTS, 22 WERE SETTLED BY CONCILIATION, THREE WERE WITHDRAWN BY THE EMPLOYEES CONCERNED AND FOUR WERE REFERRED TO THE LABOUR TRIBUNAL FOR ADJUDICATION. THE LATTER FOUR WERE SUBSEQUENTLY SETTLED BEFORE HEARING, WHILE THE REMAINING 10 CASES ARE UNDER INVESTIGATION BY THE LABOUR RELATIONS SERVICE.

+THERE IS LITTLE EVIDENCE SO FAR OF ANY NUMBER OF EMPLOYERS EXPLOITING THE LEGISLATION TO AVOID LIABILITY. MISUNDERSTANDING OR POOR UNDERSTANDING OF THE LAW ON THE PART OF EMPLOYERS, IN PARTICULAR ABOUT THE METHOD OF CALCULATION OF THE ALLOWANCE, ACCOUNTED FOR THE MAJORITY OF THE COMPLAINTS. IN THE CASES SO FAR SETTLED, THE EMPLOYERS WERE QUITE READY TO COMPLY WITH THE LAW WHEN IT WAS EXPLAINED TO THEM, HE ADDED.

AS THE MAJORITY OF COMPLAINTS RESULTED FROM MISUNDERSTANDING OF THE LAW RATHER THAN WILFUL EVASION OR INADEQUACY OF THE LAW MR HENDERSON CONTINUED, HE PROPOSED TO SEE WHAT FURTHER MEASURES COULD BE TAKEN TO INCREASE PUBLICITY FOR THE NEW LAW.

HE POINTED OUT THAT THERE ARE EXPLANATORY PAMPHLETS ON THE LAW ALREADY AVAILABLE FREE OF CHARGE AT ALL 38 OFFICES OF THE DEPARTMENT. A SUMMARY OF THE PROVISIONS WOULD ALSO BE INCLUDED IN THE WALL SHEET ON LABOUR LEGISLATION, WHICH IS DUE TO BE RE-ISSUED NEXT YEAR.

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