5
(he) providing that any person who works in any place of employment at any kind of work whatsoever incidental to or connected with the process, trade or business for which the place of e yment
is used shall, save as may be provided otherwise in the nations, be deemed to be employed therein for the purposes of any regulations made under this Ordinance or of any proceedings thereunder;",
Savings.
9.
Any-
(Cap. 59.)
(a) exemption, permission, authority, approval or allowance granted,
given or made; or
(b) notice posted at any place; or
(c) notice served or given; or
(d) register kept,
in accordance with any of the provisions of the Factories and Industrial Undertakings Ordinance, whether or not repealed, revoked or deleted by the Factories and Industrial Undertakings (Amendment) Ordinance 1980, and relating to the employment of women or young persons, and in force at the commencement of this Ordinance shall, so far as it is not incon- sistent with this Ordinance, continue to be in force and have the like effect for all purposes as if made in accordance with the corresponding provisions of this Ordinance.
Explanatory Memorandum
The scope and purposes of the Employment Ordinance (Cap. 57) include the regulation of general conditions of employment. Regulations made under the Factories and Industrial Undertakings Ordinance (Cap. 59) presently regulate the general conditions of employment of women and young persons in industry. This leads to overlapping objectives between the two sets of legislation. It is considered desirable to rationalize the position so that the Employment Ordinance will deal with all measures of a social nature relating to employment leaving the Factories and Industrial Undertakings Ordinance to deal with safety at work. The object of this Bill is to so provide.
Clause 2 of this Bill deals with administrative matters.
That
Clause 3 repeals section 16 of the Employment Ordinance. section disapplies Part IV of the Ordinance (which deals with rest days) in relation to the employment of women and young persons in industrial undertakings and to whom the Factories and Industrial Undertakings Regulations apply. It is proposed to replace those regulations by regula- tions made under section 73 of the Employment Ordinance.
Clause 6 extends the powers given under section 72 of the Ordinance relating to the entry and inspection (and related matters) of places of employment by public officers authorized to do so by the Commissioner for Labour. These powers are similar to those contained in section 4 of the Factories and Industrial Undertakings Ordinance.
Clause 7 brings into the Employment Ordinance provisions correspond- ing to those contained in sections 5, 6 and 16 of the Factories and Industrial Undertakings Ordinance. These, respectively, deal with, the non- disclosure by public officers of the origin of complaints against employers in respect of contraventions of the Ordinance; the non-termination by an employer of the employment of his employee by reason of the employee
giving evidence in proceedings for the enforcement of the Ordinance; and presumptions relating to the ages of persons and whether women, young person children are to be considered as working in places of em- ployme
Clause 8 amends section 73(1) of the principal Ordinance to enable regulations to be made, firstly to empower the Commissioner for Labour to make, in respect of periods of seasonal or other special pressure of work, orders increasing the hours of employment prescribed in any regula- tions made under that section in relation to any employee for periods in any year not exceeding those specified in the order; secondly to provide that certain copies of documents shall be admitted in evidence before any court without further proof, and shall be presumed until the contrary is proved to be true copies and shall be conclusive evidence of the facts stated therein; and thirdly to provide that a person who works in any place of employment, whether for wages or not, at any form of work whatsoever connected with the purposes for which such a place is used shall be deemed to be employed therein for the purposes of any regula- tions made under the Ordinance or any proceedings thereunder.
Apart from clause 4, the remaining clauses of the Bill are con- sequential upon the proposals outlined above.
In clause 4 opportunity is taken to amend section 50(3) in Part XII of the Ordinance (which concerns employment agencies) by removing the exemption from that Part of employment agencies solely dealing with the This is aimed at the reduction of the employment of domestic servants. exploitation by some of such agencies of certain domestic servants of local or foreign origin.
The Bill has no financial or staffing implications.
No comments yet.
Private notes are available after approval.