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Hong Kong LABOUR LAW SURVEY
(as reported on Asia Women Workers Newsletter January 1997)
2. Minimum Wage
No
3. Night Work for Women Workers
Women workers in industrial sector are not allowed to work after 10pm
4. Overtime Work for Women Workers
For women workers in industrial sector, overtime work not more than 2 hours/day, and 200 hours/year
5. Menstruation Leave - Wheather need special application
No
6. Maternity Protection:
6.1. Length of leave
10 weeks in total (four weeks before delivery and six weeks after delivery)
6.2. Payment during leave
80% of the normal wage
6.3. Who pay for it
Employer pay
6.4. Any laws prohibiting employers from dismissing the pregnant women workers
The employer is not allowed to dismiss the pregnant women workers once she has already submitted all the necessary document (proving her pregnancy) to apply for maternity leave. Women workers are entitled to maternity benefit only after working for the company for at least 12 weeks
6.5. Any laws allowing women workers who are more than six monthsÕ pregnancy shift to lighter work
No yet able to shift to lighter work, in the process to make law
6.6 Any other provisions
7. Comments on the Overall Implementation of the Labor Laws
- Inadeguate protection, legal procedure too long. Labour Department acts only as mediator rather than protecting workers' rights
- The EOB (Equal Opportunity Bill) is not comprehensive enough to protect women's rights in the workplace
- Government is collaborating with the employer instead of protecting workers
- Maternity leave has no full pay
- Restrintion on working hours does not include all sector, especially commercial and service sector
- Not enough legal protection to part-time workers
8. Ratification of selected ILO Conventions (45,87, 89, 98, 100, 103, 111, 122, 140, 142, 156, 171, 177)
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