ENG-1985 — Page 111

EMPLOYMENT

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grievances involving individual claims for wages in lieu of notice, severance pay, wages arrears, annual leave pay, holiday pay and end of

year bonus. During the year, the Promotion Unit of the Labour Relations Service - responsible for the promotion of harmonious labour-management relations – made 460 advisory visits to employers and trade unions. A series of promotional activities was conducted and included two certificate courses comprising of 26 half-day sessions on industrial relations and one conference on employee benefits. A total of 1 128 management personnel, union officials and workers' representatives participated. The unit also produced posters and calendars to publicise its activities. In addition, a Labour Relations Supplement was introduced and five mini-exhibitions were organised on a district basis and attracted a total of 24 000 people.

A Protection of Wages on Insolvency Fund was established on October 1, 1984, and an annual levy of $100 on all business registration certificates was imposed to finance its operation. On April 19, 1985, the Protection of Wages on Insolvency Ordinance came into effect. This ordinance established a fund board to administer the Protection of Wages on Insolvency Fund and empowered the Commissioner for Labour to investigate claims on the fund and make payment from it. The purpose of the fund is to make prompt pay- ment to employees of the wages owed to them by their employer but unpaid because of his bankruptcy or insolvency. Previously, employees might have had to wait until the conclusion of winding-up or bankruptcy proceedings before receiving wages owed to them and even then might receive only a small proportion of their entitlements depending on the value of the realised assets of their former employer. Payment from the fund covers wages not exceeding $8,000 due to an employee for services rendered during four months prior to the date of application. This sum is the amount to which he has already in law a priority claim in a winding-up or bankruptcy. Upon payment, the employee's rights are transferred to the fund, which may recover all or part of the money it has paid to the employee from any assets of the employer realised at the conclusion of the winding-up or bankruptcy.

In most cases, the presentation of a winding-up or bankruptcy petition is a pre-condition for payment. However, the Commissioner for Labour may exercise discretion in certain cases so that payment can be made without the presentation of a petition.

Between April and December, 5 766 applications were received; 3 894 were approved with payments totalling $8.5 million.

The Labour Tribunal, which is part of the Judiciary, provides a quick, inexpensive and informal method of adjudicating certain types of dispute between employees and employers with a minimum of formality. The tribunal deals with claims of right, wherever possible in the language of the parties. It complements the Labour Relations Service and does not supersede the conciliation services of the Labour Department. In 1985, the tribunal heard 4 061 cases involving employees as claimants, and a further 319 cases in which the claims were initiated by employers. More than $27 million was awarded by presiding officers. Of the cases dealt with by the tribunal, 93.54 per cent were referred by the Labour Relations Service after unsuccessful conciliation attempts.

Finding Employment

The Local Employment Service of the Labour Department provides a free placement service helping employers to recruit suitable staff and job-seekers to secure employment. It operates from 15 offices which are linked by a facsimile system for the efficient transmission of information on vacancies notified by the employers. The Central Recruitment Unit, an extension of the Local Employment Service, acts as the central agency for all government