ENG-1986 — Page 112

EMPLOYMENT

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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 persons under the age of 18 are not permitted to work overtime. Women are not usually allowed to work between 8 p.m. and 6 a.m., while persons under the age of 18 are prohibited from working between 7 p.m. and 7 a.m. Permission has been given by the Commissioner for Labour to some large factories mostly those engaged in cotton-spinning to employ women at night, subject to certain stringent conditions. 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.

The Labour Department is also responsible for enforcing the provisions of the Em- ployees' Compensation Ordinance. This Ordinance requires all employers to take out an insurance policy for their employees to cover compensation in respect of 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 1986, the Labour Inspectorate of the Labour Department made 251 167 day and night inspections to both industrial and non-industrial establishments. Three special campaigns were conducted against the employment of children and illegal immigrants, covering 19 274 establishments. During the year, 84 cases of child employment involving 84 children were brought before the courts.

Controls 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 not permitted to obtain employment. 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 requirements, which aim at stopping the flow of illegal immigrants into Hong Kong, are enforced by the Labour Department.

Long-Service Payment

The Employment Ordinance was amended to provide, with effect from January 1, 1986 for a long service payment to be made by an employer under certain circumstances. An employee who has worked continuously for the same employer for a specified number of years ranging from five to 10 years, depending on the employee's age, and who has been dismissed otherwise than by way of summary dismissal or redundancy, is entitled to a long service payment calculated at the rate of two-thirds of a month's wages for each year of service.

The amount of the payment can also vary depending on the age of the employee. An employee aged 40 or above is entitled to the full payment as calculated above, while younger employees are entitled to only 50 per cent or 75 per cent, depending on age, of what they would otherwise have received. In the first year after its introduction, 438 cases of disputes arising from the long service payment legislation were reported to the Labour Relations Service of the Labour Department.

Trade Unions

Trade unions in Hong Kong must be registered under the Trade Unions Ordinance, which is administered by the Registrar of Trade Unions. Once registered, they are corporate bodies and enjoy immunity from certain civil suits.