ENG-2009 — Page 182

130 Employment

Companies providing services to the Government under service contracts which rely heavily on the deployment of non-skilled workers are required to sign a standard employment contract with the workers. The contract helps safeguard the rights and benefits of non-skilled workers.

Enforcement Against Wage Offences

The Labour Department takes strong enforcement action against employers who fail to pay wages due to their employees and take steps to prevent wage defaults. The department secured convictions for 1 314 summonses relating to wage offences during the year, 37 per cent up on 2008. Four company responsible persons and one employer were jailed or given suspended sentences for wage defaults.

Employees' Compensation

Hong Kong's employees' compensation system adopts the 'no-fault' principle whereby compensation is payable irrespective of whether the injury, occupational disease or death is the employee's fault. The Employees' Compensation Ordinance covers injuries or death caused by accidents arising from, and in the course of, employment or by specified occupational diseases. An employer must be in possession of a valid insurance policy to cover his liabilities both under the ordinance and common law.

A Voluntary Rehabilitation Programme initially drawn up in 2003 to help construction workers injured at work to recover faster through better care, has been extended to all industries in phases.

The Labour Department assists injured employees and the families of deceased employees to obtain compensation from their employers under the Employees' Compensation Ordinance. It also administers a scheme that provides interest-free loans to workers injured in job-related accidents.

The Employees Compensation Assistance Scheme helps the injured employees, or family members of deceased employees to obtain compensation from defaulting employers. The scheme is financed by a levy imposed on all employees' compensation insurance policies taken out by employers.

During the year, the Labour Department held seminars, distributed leaflets, published articles in newspapers, and made announcements on TV and public transport to help employers and employees better understand their rights and obligations under the scheme.

Pneumoconiosis and, or mesothelioma sufferers are eligible for compensation under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance administered by the Pneumoconiosis Compensation Fund Board. Those diagnosed before the ordinance went into effect in 1981 can apply for ex gratia benefits from the Government under the Pneumoconiosis Ex Gratia Scheme.

At year's end, 2012 pneumoconiosis and, or mesothelioma sufferers were receiving payments under either the ordinance or the ex gratia scheme. Family