WEDNESDAY, FEBRUARY 10, 1988
31
EXISTING LAW PROTECTS SUB-CONTRACTOR'S WORKERS
WORKERS EMPLOYED BY A SUB-CONTRACTOR ARE ENTITLED ΤΟ FULL PROTECTION UNDER EXISTING LABOUR LEGISLATION, THE SECRETARY FOR EDUCATION AND MANPOWER, THE HON DOMINIC WONG, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
REPLYING TO A QUESTION BY THE HON TAM YIU-CHUNG, MR WONG SAID THAT EMPLOYERS WHO WERE SUB-CONTRACTORS MUST ALSO COMPLY WITH ALL THEIR OBLIGATIONS AS EMPLOYERS UNDER THE LEGISLATION.
HE POINTED OUT THAT SUR-CONTRACTING WAS MOST COMMON IN CONSTRUCTION INDUSTRY WHERE IT WAS IN FACT THE NORM RATHER THAN EXCEPTION.
THE THE
INDUSTRY,
MR WONG SAID THAT IN 1977. IN RESPONSE TO EVIDENT PROBLENS OF NON-PAYMENT OF WAGES BY SUB-CONTRACTORS IN THE CONSTRUCTION A NEW PART WAS ADDED TO THE EMPLOYMENT ORDINANCE.
THIS STIPULATED THAT PRINCIPAL CONTRACTORS AND SUB-CONTRACTORS WAGES OF AN IN THAT INDUSTRY WERE VICARIOUSLY LIABLE FOR THE UNPAID EMPLOYEE EMPLOYED BY A SUB-CONTRACTOR.
"THERE APPEARS TO BE NO NEED AT PRESENT TO PROVISIONS TO OTHER INDUSTRIES OR OCCUPATIONS," HE SAID,
EXTEND THESE
UNDER THE EMPLOYEES' COMPENSATION ORDINANCE, A PRINCIPAL CONTRACTOR IN ANY INDUSTRY WAS LIABLE TO PAY COMPENSATION FOR EMPLOYEES OF A
INJURIES ARISING FROM WORK DONE ON HIS BEHALF BY THE SUB-CONTRACTOR, MR WONG SAID.
HE ALSO SAID SUB-CONTRACTOR,
WHEN
AN EMPLOYER, WHETHER OR NOT HE WAS BECAME INSOLVENT, HIS EMPLOYEES COULD APPLY EX-GRATIA PAYMENTS FROM THE PROTECTION OF WAGES ON INSOLVENCY FUND.
A
FOR
WAS
HOWEVER, WHERE THE WAGES OWED TOTALLED NOT POSSIBLE UNDER THE BANKRUPT{'Y ORDINANCE PROCEEDINGS FOR INSOLVENCY AND HENCE TO MAKE PAYMENTS
LESS
THAN $5,000, IT
TO
INSTITUTE FROM
THE
KUND.
"AN AMENDMENT TO THE FUND ORDINANCE PAYMENTS COUNCIL. SHORTLY TO ENABLE EX-GRATIA WHERE TOTAL CLAIMS ARE BELOW $5,000 MR WONG SAID.
1
"
I AM SURR THAT THIS AMENDMENT, IF PASSED, WILL BENEFIT
INCLUDING SUB-CONTRACTORS,
EMPLOYEES OF SMALL, EMPLOYERS,
M
HE SAID.
WILL BE FUT TO BR MADE IN
TO
THIS CASES
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