ENG-1961 — Page 236

LEGISLATION

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Industry. December saw the introduction of three important enactments in this field, the Factories and Industrial Undertakings (Amendment) Ordinance, 1961, the Industrial Employment (Holi- days with Pay and Sickness Allowance) Ordinance, 1961, and the Trade Union Registration Ordinance, 1961.

The Factories and Industrial Undertakings (Amendment) Ordin- ance, 1961, was a short but important piece of legislation designed to facilitate enforcement of the provisions of the Factories and Industrial Undertakings Ordinance, 1955, relating to the employ- ment of women, young persons and children. It provides that a woman, young person or child found working in an industrial undertaking shall be deemed to be employed in the undertaking. Before this amendment was introduced difficulty had been experi- enced in proving employment in prosecutions under the principal Ordinance. A further amendment introduced by the same Ordin- ance is designed to encourage the submission of complaints by providing that the identity of the complainant shall not be dis- closed. This measure was introduced to protect complainants against possible victimization.

The Industrial Employment (Holidays with Pay and Sickness Allowance) Ordinance, 1961, is designed further to improve the conditions of workers in the Colony. The Ordinance applies, subject to certain specified exceptions, to all workers engaged under contracts of service or apprenticeship in industrial under- takings. It provides for the grant of certain holidays to workers which shall be with pay in the case of workers who have served their employers for not less than 180 days during the year preceding the holiday, including not less than 20 days during the period of 28 days immediately preceding the holiday. A worker who is entitled to a holiday with pay, but who does not take the holiday, will nevertheless be entitled to the holiday pay, which will be in addition to his ordinary wages. Similarly, workers who are qualified will be entitled to sick pay at the rate of half their daily earnings up to a maximum of 12 days in a calendar year. The qualifications for sick pay are the same as those for holiday pay.

Work on the drafting of the Trade Union Registration Ordin- ance, 1961 was begun as long ago as 1955, and, although now enacted it has yet to be brought into operation by Proclamation.