Worker and employer representatives have agreed on changes to labour rules aimed at forcing unscrupulous Hong Kong bosses to provide thousands of part-time workers with proper benefits.
Under the current rule, which took effect more than three decades ago in June 1990, employees who have worked for a company for at least four weeks, for a minimum of 18 hours per week, are considered to be engaged under a “continuous contract.”
This means they are entitled to a range of employment benefits including “statutory holiday pay, paid annual leave and sickness allowance,” according to the government.
Some bosses could, however, ask employees to work extra hours in the first three weeks of the month and fewer than 18 in the fourth week. That way, staff would not be liable for benefits.
Some employers would either allocate working hours just short of the 18-hour threshold in the fourth week, or simply tell their staff not to come to work, Lam Wai-kong of the Hong Kong Federation of Trade Unions told RTHK on Friday morning.
The Labour Department’s Labour Advisory Board (LAB) – a consultative body made up of employee and employer representatives – agreed on Thursday to lower the threshold by a total of four hours to 68 hours in four weeks.
Those 68 working hours would be counted as an aggregate over a four-week period, rather than on a weekly basis.
Reviewing the “418” requirement was one of the goals set out in Chief Executive John Lee’s maiden Policy Address in 2022.
“The Government appreciates the efforts of all LAB members in achieving the result at today’s meeting. The amendments will contribute to enhanced protection of the rights and benefits of employees with shorter working hours,” a government spokesperson said in a Thursday statement.
The government will notify the Legislative Council’s manpower panel and introduce a bill to amend the rules.
The board hailed the move in a statement on Thursday, estimating that some 200,000 workers were not covered by continuous contracts at present.
“Although the amendment may not be perfect… the ‘468’ plan will still strengthen protections for part-time workers to a certain extent, without increasing costs for employers,” said board representatives including Tam Kam-lin of the Federation of Hong Kong and Kowloon Labour Unions.
“We hope that in the subsequent legislative process, the consensus of the LAB will be respected and supported,” they said.
Catering sector concerns
However, representatives from the catering and retail sectors have expressed concern.
Peter Shiu, a lawmaker representing the wholesale and retail sector, said it was not the right time to amend legislation over part-time work while the local retail sector was struggling.
The president of the Hong Kong Federation of Restaurants and Related Trades, Simon Wong, told local media the new rules would mean increased labour costs which small and medium-sized eateries might not be able to afford.
He added that the new arrangement would allow for more flexibility, but bosses could still allocate working hours under the “468” threshold to avoid extra costs.
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