IX. Protection of employees
A. Basic Protection under the Employment Ordinance
The Employment Ordinance ( Cap. 57 ) provides basic protection for employees in an employer-employee relationship. Here is a list of applicable sections:
- Prohibition from heavy, hazardous or harmful work ( section 15AA )
- Working on rest days ( section 19(1) )
“…No employer shall require an employee to work on any of his rest days.”
- Annual leave pay ( section 41B )
- Statutory holiday arrangement ( section 39(4)(a) )
- Holiday pay ( sections 40 , 40A , 41A )
- Severance payment ( Part VA )
- Long service payment ( section 31R )
B. Minimum Wage Protection
Employer-employee relationships are protected under the Minimum Wage Ordinance ( Cap. 608 ). With reference to section 8 of the Minimum Wage Ordinance ( Cap. 608 ), “An employee is entitled to be paid wages in respect of any wage period of not less than the minimum wage.” The statutory minimum wage is enforceable by law and employers who breach it are liable to prosecution.
C. Protection given by the MPF
In Hong Kong, employers have to contribute to the employee’s Mandatory Provident Fund. Employees are protected under the Mandatory Provident Fund Schemes Ordinance . Section 7A of the Mandatory Provident Fund Schemes Ordinance ( Cap. 485 ) provides that an employer will have to contribute to the employee’s Mandatory Provident Fund.
D. Protection given by the Employment Compensation Ordinance
Employees are protected by the Employment Compensation Ordinance ( Cap. 282 ). This ordinance applies to situations where an employee, during the course of employment, suffers injury or damages. Protection includes no fault compensation, where an employee is entitled to compensation without needing to prove the fault of any party. This ordinance covers “personal injury by accident arising out of or in the course of employment”. This Ordinance also covers certain occupational diseases listed in Schedule 2 of the Employment Compensation Ordinance . Employee’s compensation can cover loss of earnings and/or earning capacity and medical expenses. Employees can also be paid for the costs and maintenance of prosthesis and surgical appliances. Under this ordinance, an employee retains the right to claim for damages in court. Finally, an employer may also claim from a negligent third party an indemnity and contribution to the employee’s compensation payments made by the employer.