TNAG-0091-FCO40-127-Social-welfare-working-conditions-in-Hong-Kong-1968 — Page 34

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67. A worker in industrial employment is eligible for holiday pay in respect of the six statutory holidays if he has worked for his employer for a total of not less than 180 days in a period of 12 months preceding a statutory holiday and has also worked for him for a total of not less than 20 days in a period of 28 days preceding the statutory holiday. The holiday pay shall be a sum equivalent to the average daily earnings of the worker during the period of twenty-eight days preceding the statutory holiday, and payment must be made not later than 14 days after the statutory holiday or not later than the day on which the worker is next paid his wages, whichever is later.

58. A worker in industrial employment is eligible for sickness allowance if, before the commencement of sick leave, he has worked for his employer on not less than 180 days in a period of 12 months preceding the day on which he absents himself from work by reason of sickness, and also on not less than 20 days in a period of 28 days before the commencement of sick leave. The rate of sickness allowance for each day of sick leave shall be one half of the average daily earnings of the worker during the period of twenty-eight days preceding the day on which he first absents himself from work, subject to a maximum of 12 days in a calendar year in respect of which sickness allowance is payable. If a worker is absent from work for less than seven days in any period due to sickness or injury, the allowance is not payable for the first three days.

69. The Ordinance prescribes conditions under which a worker may not be eligible for sickness allowance, and restricts the types of medical practitioners who, for the purpose of the Ordinance, are qualified to issue appropriate medical certificates. Employers of industrial labour are required under the Ordinance to keep certain records and issue certain notices on prescribed forms.

70. Employers and workers who wish to obtain further information on their rights and obligations under the Ordinance can seek advice from the Industrial Relations Section of the Labour Department.

WORKMEN'S COMPENSATION ORDINANCE, 1953

71. ACCIDENT COMPENSATION. If a workman receives personal injury by accident arising out of and in the course of his employment, his employer is in most cases liable to pay him compensation. Compensation is not, however, payable if the injury is due to serious and wilful misconduct by the workman or if the injury keeps him away from work for only three days or less. However, where the accident results in death or serious and permanent incapacity, disregard by the workman of any statutory regulation or of the instructions of his employer does not debar a claim for compensation by the workman or his dependants provided that the act leading to the injury was for the purpose of his employer's business.

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