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Employment

About half of the employee unions are affiliated to four major labour organisations: the Hong Kong Federation of Trade Unions (184 unions), the Hong Kong and Kowloon Trades Union. Council (28 unions), the Federation of Hong Kong and Kowloon Labour Unions (77 unions), and the Hong Kong Confederation of Trade Unions (81 unions).

Minor Employment Claims Adjudication Board

The Minor Employment Claims Adjudication Board determines claims arising from disputes of statutory or contractual rights of employment that involve not more than 10 claimants in each case and for sums not exceeding $8,000 per claimant. In 2013, the board dealt with 1,523 claims and granted awards amounting to $3.02 million.

Labour Tribunal

The Labour Tribunal is part of the Judiciary and is a quick, inexpensive and informal channel for adjudicating labour disputes that are not within the exclusive jurisdiction of the Minor Employment Claims Adjudication Board. In 2013, 4,154 cases were filed with the tribunal, of which 4,083 were initiated by employees and 71 by employers. Of these, 88.9 per cent were referred to the tribunal by the Labour Department's Labour Relations Division after unsuccessful conciliation attempts. The tribunal dealt with 4,000 cases and granted awards totalling more. than $212 million, or 245 cases and $4 million less than those in 2012.

Employees' Rights and Benefits

The Employment Ordinance provides for various employment-related benefits and entitlements to employees. Over and above the statutory requirements, employers and employees are free to negotiate the terms and conditions of employment.

Labour Conditions

In general, children under 15 are prohibited by law from taking up employment. Children aged between 13 and 14 may work in non-industrial establishments under strict rules, while young people in the 15-17 age group may work in industrial establishments, subject to restrictions on their working hours.

Labour inspectors conduct workplace inspections to ensure employers' compliance with laws safeguarding workers' rights and benefits, and that employers have taken out employees' compensation insurance. Labour inspectors also check employees' proof of identity and collaborate with the Police and the Immigration Department to combat illegal employment. In 2013, 210 joint operations were carried out by the three departments.

Enforcement against Wage Offences

The Labour Department takes strict enforcement action against employers who fail to pay wages due to their employees and takes active steps to prevent wage defaults. The department secured 443 convictions for wage offences in 2013. One employer was sentenced to immediate imprisonment, two company directors were given suspended sentences and two other company directors were ordered to perform community service as a result of wage defaults.

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