ENG-1985 — Page 109

EMPLOYMENT

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Children who have attained the age of 13 may be employed in non-industrial establish- ments subject to stringent conditions which aim at ensuring their education up to Form 3 and at protecting their health, safety and welfare.

Under the Women and Young Persons (Industry) Regulations, young persons aged 15 to 17 and women are permitted to work eight hours a day and six days a week in industry. Women and young persons aged 16 and 17 must be given a break of at least 30 minutes after five hours of continuous work. In the case of young persons aged 15, the break must not be less than one hour. Overtime employment for women is restricted to two hours a day and 200 hours a year while young people are not permitted to work overtime. In addition, women are not allowed to work between 8 p.m. and 6 a.m., while young persons are pro- hibited from working between 7 p.m. and 7 a.m. Women and young persons must not be employed on more than six days in any week. The regulations also prohibit women and young persons from working underground or in dangerous trades. Although night work for women is forbidden, some large factories - mostly those engaged in cotton-spinning – have been granted special permission to employ women at night, subject to certain stringent conditions.

The Labour Inspectorate of the Labour Department is also responsible for enforcing the provisions of compulsory insurance under the Employees' Compensation (Amendment) Ordinance. This ordinance requires all employers to take out an insurance policy for their employees for injury or death resulting from accidents arising out of and in the course of employment. Employers must also display notices at the working place giving details of the insurance policy.

In 1985, the Labour Inspectorate made 246 078 day and night inspections at both industrial and non-industrial establishments. Three special campaigns were conducted against the employment of children and illegal immigrants, covering 19 135 establishments. During the year, 109 cases of child employment involving 109 children were brought before the courts.

Under the Factories and Industrial Undertakings Regulations, no male employee may be employed to work underground in mines, quarries, and industrial undertakings involving tunnelling operations unless he has been medically examined and certified fit for such work. Those under 21 have to be medically re-examined each year.

Control on Illegal Employment

Under the Immigration Ordinance, employers are prohibited from employing persons who have no valid proof of identity and those Vietnamese refugees who are prohibited from work. The ordinance also requires all employees to produce proof of identity for inspection and employers to maintain up-to-date records of their employees. These legislative require- ments which aim at stopping the flow of illegal immigrants into Hong Kong are currently enforced by the Labour Inspectorate.

Long-Service Payment

The Employment Ordinance was amended to provide a long-service payment at a rate of two-thirds of a month's wages for each year of service to employees who have worked continuously for the same employer for a specified number of years and who have been dismissed for reasons other than summary dismissal on disciplinary grounds or redun- dancy. Eligibility for the payment is determined on the basis of age and length of service and workers under 40 are entitled to a proportion of the payment, either 50 per cent or 75 per cent, depending on age.