XN000022-1983-04-05 — Page 2

TUESDAY, APRIL 5, 1983

BETTER PROTECTION FOR EMPLOYEES ******

ALL THE PROVISIONS OF THE EMPLOYEES' COMPENSATION (AMENDMENT) ORDINANCE 1982, EXCEPT THOSE RELATING TO COMPULSORY INSURANCE, WILL COME INTO OPERATION ON JULY 1 THIS YEAR.

A NOTICE TO THIS EFFECT IS PUBLISHED IN THE GOVERNMENT

GAZETTE ON MARCH 25.

A SPOKESMAN FOR THE LABOUR DEPARTMENT SAID TODAY (TUESDAY) THAT THE ORDINANCE, AMONG OTHER THINGS, PROVIDES BETTER PROTECTION FOR EMPLOYEES INJURED AT WORK AND IMPROVES PROCEDURES FOR THE RECOVERY OF COMPENSATION.

AMONG THE MAJOR PROVISIONS, ONE CONCERNS THE ESTABLISHMENT OF A TWO-TIER EMPLOYEES' COMPENSATION BOARD, CONSISTING OF AN ORDINARY ASSESSMENT BOARD AND A SPECIAL ASSESSMENT BOARD, TO IMPROVE THE EXISTING MACHINERY FOR ASSESSING COMPENSATION.

ALL CLAIMS LIKELY TO INVOLVE PERMANENT INCAPACITY WILL BE REFERRED BY THE COMMISSIONER FOR LABOUR IN THE FIRST INSTANCE TO THE ORDINARY ASSESSMENT BOARD, WHICH WILL, IN MOST CASES, PROCEED TO ASSESS THE PERCENTAGE OF LOSS OF EARNING CAPACITY

IN ACCORDANCE WITH THE SCALES LAID DOWN IN THE PRINCIPAL ORDINANCE,

HOWEVER, WHERE THE BOARD CONSIDERS THAT SPECIAL ATTENTION HAS TO BE GIVEN TO SUCH FACTORS AS THE EMPLOYEE'S OCCUPATION, QUALIFICATIONS, PREVIOUS TRAINING AND EXPERIENCE, IT WILL REFER THE CLAIM TO THE SPECIAL ASSESSMENT BOARD, WHICH WILL ASSESS THE ACTUAL LOSS OF EARNING CAPACITY BY TAKING THESE FACTORS INTO CONSIDERATION.

ANOTHER PROVISION, THE SPOKESMAN ADDED, INTRODUCES A SIMPLER AND QUICKER PROCEDURE FOR CLAIMS IN RESPECT OF MINOR INJURY INVOLVING TEMPORARY INCAPACITY OF NOT MORE THAN 14 DAYS. FOR MORE SERIOUS CASES INVOLVING PERMANENT INCAPACITY OR TEMPORARY INCAPACITY OF OVER 14 DAYS, THE EXISTING PROCEDURE OF SETTLEMENT BY AGREEMENT WILL STILL APPLY.

THE PROVISION ALSO IMPROVES THE PROCEDURE FOR SETTLEMENT BY AGREEMENT BY IMPOSING MORE SPECIFIC OBLIGATIONS ON THE EMPLOYER AND BY IMPROVING BOTH THE PROCESS OF MAKING AN AGREEMENT AND ITS ENFORCEABILITY.

AS AN EXAMPLE, THE SPOKESMAN SAID 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, AND TO SUBMIT AN AGREEMENT TO THE COMMISSIONER FOR APPROVAL WITHIN THREE DAYS AFTER IT WAS CONCLUDED WITH THE EMPLOYEE.