Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Hong Kong Special Administrative Region (Ratification: 1997)

Other comments on C081

Observation

Direct Request

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Articles 2, 3, 13, 17 and 18 of the Convention. Labour inspection activities in the construction sector. Following its previous comment, the Committee notes the Government’s information regarding training on occupational safety and health (OSH) provided to employers in the construction sector. The Labour Affairs Bureau (DSAL) regularly sends staff to various sites to organize activities, such as “safety morning meetings”, “noon lecture on OSH” and “special lecture on experience and internship”, in order to provide employers, contractors and workers with OSH related knowledge and raise their awareness. From 1 June 2015 to 31 May 2018, the DSAL held 493 OSH-related lectures, with a total of 26,403 participants. In particular, the DSAL has organized eight seminars on OSH for small and micro enterprises (SME) in construction since 2017, involving 428 participants. Moreover, corresponding OSH equipment was provided to participating SMEs as incentive methods. The Committee notes the Government’s information which addresses its previous request.

Articles 3, 6 and 7. Functions, conditions of service and training of labour inspectors. Following its previous comment, the Committee notes the information provided by the Government regarding the differences between “inspector-general” and “other staff trained for inspection activities”. The Government refers to section 4 (1)–(3) of Administrative Regulation No. 26/2008 on operation rules for labour inspection work. Accordingly, inspectors-general are responsible for the implementation of the Law on Labour Relations and deal with labour disputes. They may also supervise the implementation of other labour laws and regulations. The Government indicates that “other staff trained for inspection activities” are in charge of industrial accidents and occupational diseases, of other OSH-related issues and of other cases which are not labour disputes. The Government also refers to the 2017 amendment to Law No. 14/2009 on civil servants. According to sections 2(2), 19.1(6) and 29, inspectors-general are classified as civil servants with special duties, for which more specific qualification experiences and trainings are required. In practice, recruited inspectors-generals complete six-month theory training and six-month internship at the DSAL where they will serve before assuming duties. The “other staff trained for inspection activities” are classified as civil servants with general duties, including senior technicians, technicians and technical assistants. Senior technicians and technicians mainly perform analysis and research, while technical assistants are responsible for execution and other assisting work. The Government emphasizes that staff of both categories equally enjoy the rights and protections as provided for by the General Rules for Public Servants and Law No. 14/2009 on civil servants. They also have the same opportunity to be promoted to higher positions with management and supervision responsibilities, according to sections 2 and 4 of Law No. 15/2009 on the General Principles of Leaders and Supervisors in public sector. The Committee notes the Government’s information which addresses its previous request.

Articles 5(a), 17 and 18. Cooperation between the labour inspection services and the justice system and enforcement measures. The Committee notes the statistical information provided by the Government regarding the cooperation between the labour inspection services and the justice system. From June 2018 to May 2020, 1,700 cases were transferred to the judicial authorities. Among them, 506 cases were violations concerning wages, compensation for dismissal, annual leave, advance notice and compulsory holidays. The Government indicates that 1,164 cases were related to industrial accidents, mostly involving death of workers, long-term incapacity to work and payment of compensations. During the same period, the DSAL received 1,784 court decisions, of which 271 related to labour disputes, involving fines of 11,126,000 Macanese pataca (MOP) (approximately US$1,350,170) and compensation of MOP74,022,681 (US$8,982,906), and 1,513 related to work accidents, involving compensation of MOP361,963,455 (US$43,925,509). The Committee notes the Government’s information which addresses its previous request.

Articles 20 and 21. Publication and communication of annual labour inspection reports on the work of the labour inspection services. The Committee notes the Government’s information that annual reports on the activities of the DSAL are published on its official websites. The Committee notes, however, that the annual reports do not contain information on statistics of workplaces liable to inspection, as required by Article 21(c) of the Convention. The Committee requests the Government to take the necessary measures to ensure that all relevant information is included in the annual reports of the DSAL as required by Article 21 of the Convention.