TNAG-1724-FCO40-2437-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 37

le.

9

6.

Question No. 6

Protection of workers comploited by suber cost lectors

Reply by the Secretary for Education and Manpower to Question by the Hon. TAM Xiu-chung

in the Legislative Council on 1 February 1988 in the

MR. TAM asked (in Cantonese):

Question No. 6: In view of the increasing popularity of the

contracting system" in certain trades, will Government inform this Council whether workers employed under this system will still receive full protection under existing labour legislation and, if not, in what ways they are not protected; and what measures will be taken to give them the full protection they deserve?

SECRETARY FOR EDUCATION AND MANPOWER:

Answer:

Sir,

The short

answer is that workers employed by a

루프루

entitled to

full protection under existing

sub-contractor

labour legislation. Likewise employers who are subcontractors

must comply with all their obligations as employers under the

legislation.

Subcontracting is most common in the construction

it is in fact the norm rather than the

In

1977, in response to

evident problems of

indust ry whe re

exception.

non-payment of wages by sub

ubcontractors in

in the construction0)

industry a new part was added to the Employment Ordinance

and subcontractors

stipulating that principal contractors and

that industry are vicariously liable for the

subfcont

atra

in

unpaid wages of an

employee employed by a sub cont ractor. There appears to be no

need at present to extend these provisions to other industries

or occupations.

Under the Employees