ENG-2020 — Page 152

Hong Kong Year Books 香港年報 All

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Employment

As at December, around 30 per cent of the employee unions were affiliated to four major labour organisations: the Hong Kong Federation of Trade Unions (192 unions), Federation of Hong Kong and Kowloon Labour Unions (109 unions), Hong Kong Confederation of Trade Unions. (84 unions), and Hong Kong and Kowloon Trades Union Council (25 unions).

Minor Employment Claims Adjudication Board

This board adjudicates claims arising from disputes of statutory or contractual rights of employment involving not more than 10 claimants in each case and sums not exceeding $8,000 per claimant. In 2020, it dealt with 370 claims and granted awards amounting to $0.88 million.

Labour Tribunal

The Labour Tribunal is part of the Judiciary. It is a quick, simple and inexpensive channel for adjudicating labour disputes that are not within the exclusive jurisdiction of the Minor Employment Claims Adjudication Board. During the year, 3,533 cases were filed with the tribunal, of which 3,504 were initiated by employees and 29 by employers.

Employees' Rights and Benefits

The Employment Ordinance provides for 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. The government aims to improve employees' benefits and protection at a pace commensurate with Hong Kong's overall socio- economic development, taking into account both employees' interests and employers' ability to afford the benefits.

Legal Protection

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

Labour inspectors conduct workplace inspections to ensure employers comply with laws that safeguard workers' rights and benefits. The inspectors also check employees' proof of identity and work with the police and Immigration Department to combat illegal employment. In 2020, the three departments carried out 34 joint operations.

Enforcement against Wage Offences

The Labour Department takes active steps to prevent wage defaults. It also pursues vigorous enforcement action against employers who fail to pay wages due to their employees, and against employers who wilfully and without reasonable excuse fail to pay sums awarded by the Labour Tribunal or Minor Employment Claims Adjudication Board.

In 2020, the department secured 565 convictions for wage offences and 143 convictions for failure to pay sums awarded by the tribunal or the board. Two company directors were

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