Rule change on working hours to boost employee benefits

Employees can enjoy employment benefits after working 68 hours in four consecutive weeks instead of working 18 hours per week, the Labour Advisory Board reveals after reaching a consensus.

Labour officials said the change will better protect the rights and benefits of employees who have short working hours.

They will report the results to the Legislative Council's manpower panel to start the amendment process.

A tripartite consultative board comprising representatives of employees and employers to advise the labor commissioner on labor matters reached the consensus yesterday to relax the definition of continuous contract of employment under the Employment Ordinance.

Currently, employees who have to work for the same employer for four weeks or more, with at least 18 hours worked in each week, are be regarded as employed under a continuous contract.

Subject to their meeting of relevant eligibility criteria under the Employment Ordinance, these employees are entitled to a range of employment benefits, such as statutory holiday pay, paid annual leave and sickness allowance.

"After thorough and in-depth deliberations, the board reached a consensus that such a requirement will be relaxed by using the aggregate working hours of four weeks as a counting unit and setting the four-week working-hour threshold at 68 hours," a labor official said. The amendments will contribute to enhanced protection of the rights and benefits of employees with shorter working hours.

Officials will report the outcome to the legislature's manpower panel and then commence amendment work. An amendment bill will then be introduced.

This will plug a loophole that has been long criticized by the labor sector.

"Many employers will let workers work for 30 hours a week in the first three weeks, but arrange less than 18 working hours for the employee in the final week," explained legislator Kingsley Wong Kwok of the Federation of Trade Unions.

"This will be music to the ears of all part-time workers," he said.

"I believe all lawmakers will respect the consensus reached by the board. I hope the amendment can be passed as soon as possible."

Partymate Kwok Wai-keung added: "Given the current manpower crunch and a low unemployment rate, employers should not save cost from these benefits, as it is actually a limited amount of money, but it will help retain talent and manpower."

Labor sector lawmaker Chau Siu-chung and election committee sector member Lam Chun-sing, both from the Federation of Hong Kong and Kowloon Labour Unions, welcomed the change.

"Although the current requirement is not a perfect one as there is still room to lower the working-hour threshold, we respect the consensus reached by the board," Chau said.

michael.shum@singtaonewscorp.com