ENG-1994 — Page 159

EMPLOYMENT

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Labour Legislation

The Commissioner for Labour is the principal adviser to the government on labour affairs. He is responsible for initiating proposals to enact new labour laws and amend existing ones. The government's labour policy is to achieve levels of safety, health and welfare for employees in Hong Kong which are broadly equivalent to those provided in neighbouring countries at a similar stage of economic development. This objective has been achieved through a total of 118 legislative enactments in the past decade.

During 1994, 10 pieces of labour legislation were enacted. Among them, the Minor Employment Claims Adjudication Board Ordinance was enacted to establish the Minor Employment Claims Adjudication Board to help resolve quickly wage claims involving small sums of money. The Factories and Industrial Undertakings (Suspended Working Platforms) Regulation was enacted to provide for control of the safe operation and maintenance of suspended working platforms.

In addition to new enactments, a number of amendments were made. The Factories and Industrial Undertakings Ordinance and its subsidiary regulations were amended to increase the penalties in order to maintain their deterrent effect. The Factories and Industrial Under- takings (Safety Officers and Safety Supervisors) Regulations were amended to tighten the requirement on the employment of safety officers and supervisors in construction sites and shipyards. The Construction Sites (Safety) Regulations were amended to prohibit the employment of untrained persons aged under 18 on construction sites. The Protection of Wages on Insolvency Ordinance was amended to enable the recovery from retirement schemes of any ex gratia severance payment made by the Protection of Wages on Insolvency Fund to employees covered by such schemes.

In 1995-96, further new legislation is planned to continue to improve the benefits of workers and raise standards of industrial safety, and to set up a fund to compensate workers whose hearing is impaired as a result of their work.

The government is also drawing up measures to penalise contractors who fail to meet safety standards.

Enforcement of Legislation

During 1994, there were 8 102 prosecutions for breaches of various ordinances and regulations administered by the department. Fines totalling $30,412,565 were imposed.

Labour Advisory Board

The Labour Advisory Board, a non-statutory body, was set up to provide a forum for consultation on labour policies and legislation. It has six members representing employers and another six representing employees. The Commissioner for Labour, or his deputy, is the ex-officio chairman.

To cope with the increasing range and complexity of work and to encourage greater participation by employers and employees, committees have been set up under the board on special subject areas including employment services, industrial safety and health, labour relations, employees' compensation and the implementation of international labour standards. The views of the employers and employees canvassed through consultation with the board help to formulate a progressive programme of labour legislation for the benefit of all concerned.