XN000022-1983-01-14 — Page 5

FRIDAY, JANUARY 14, 1983

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MR HO POINTED OUT THAT PROVISIONS FOR COMPULSORY INSURANCE AND OTHER IMPROVED PROTECTION FOR EMPLOYEES INJURED AT WORK. ARE CONTAINED IN THE AMENDING ORDINANCE PASSED INTO LAW LAST MONTH.

ALL THE PROVISIONS IN THE ORDINANCE, EXCEPT FOR THE PROVISION CONCERNING COMPULSORY INSURANCE, WILL BE BROUGHT INTO OPERATION ABOUT SIX MONTHS AFTER THE AMENDING ORDINANCE IS PUBLISHED IN THE GAZETTE. THE PROVISION ON COMPULSORY INSURANCE WILL BE BROUGHT INTO FORCE ABOUT ANOTHER SIX MONTHS LATER.

MR HO REITERATED THAT THE AMENDING ORDINANCE REQUIRES AN EMPLOYER TO BE INSURED IN RESPECT OF ALL HIS EMPLOYEES FOR THE FULL AMOUNT OF HIS LIABILITY FOR BOTH COMPENSATION AND DAMAGES ARISING FROM AN ACCIDENT AT WORK.

A PERSON WHO EMPLOYS ANYONE WITHOUT AN INSURANCE POLICY IS LIABLE TO A MAXIMUM FINE OF $50 000 AND TWO YEARS' IMPRISONMENT.

MR HO THEN EXPLAINED OTHER PROVISIONS WHICH AN EMPLOYER MUST COMPLY WITH.

AN EMPLOYER IS REQUIRED TO PAY COMPENSATION TO EMPLOYEES INJURED WHILE TRAVELLING TO AND FROM THEIR WORKPLACES BY TRANSPORT PROVIDED OR ARRANGED BY HIM.

HE IS ALSO REQUIRED TO PAY FOR THE COSTS OF PROSTHESES OR SURGICAL APPLIANCES WHEN SUCH ITEMS ARE REQUIRED AS A RESULT OF AN ACCIDENT, IRRESPECTIVE OF WHETHER INJURIES HAVE RESULTED IN ANY PERMANENT INCAPACITY OR TEMPORARY INCAPACITY, A TYPICAL CASE IN THIS SITUATION IS AN EMPLOYEE WHO BREAKS HIS TOOTH IN AN ACCIDENT AT WORK.

AN EMPLOYER IS LIABLE TO A FINE OF $5 000 IF HE FAILS TO PAY THE INJURED EMPLOYEE WAGES, WHICH AMOUNT TO TWO-THIRDS OF NORMAL WAGES, FOR SICK LEAVE WITHIN SEVEN DAYS OF THE NORMAL PAY DAY.

IF AN EMPLOYEE IS REQUIRED TO ATTEND MEDICAL EXAMINATION OR ASSESSMENT OR VISIT THE LABOUR DEPARTMENT IN CONNECTION WITH AN AGREEMENT ON COMPENSATION, HE SHOULD BE GIVEN LEAVE WITH PAY.

ANOTHER PROVISION, MR HO ADDED, IMPROVES THE PROCEDURE FOR SETTLEMENT BY AGREEMENT BY IMPOSING MORE SPECIFIC OBLIGATIONS ON THE EMPLOYER AND BY IMPROVING THE PROCESS OF MAKING AN AGREEMENT AND ITS ENFORCEABILITY.

FOR EXAMPLE, AN EMPLOYER IS REQUIRED TO TAKE ALL NECESSARY STEPS TO ENTER INTO AN AGREEMENT WITHIN 21 DAYS AFTER THE RELEVANT DATE NOTIFIED BY THE COMMISSIONER FOR LABOUR, AND TO SUBMIT AN AGREEMENT TO THE COMMISSIONER FOR APPROVAL WITHIN THREE DAYS AFTER IT IS CONCLUDED WITH THE EMPLOYEE.

WITHOUT THE CONSENT OF THE COMMISSIONER, AN EMPLOYER MAY NOT TERMINATE, OR GIVE NOTICE TO TERMINATE, THE CONTRACT OF SERVICE OF AN EMPLOYEE BEFORE HE RECOVERS FROM INJURIES RECEIVED DURING AN ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT.

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