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LCQ4: Employment package for Non-Civil Service Contract staff
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     Following is a question by Dr Hon Pan Pey-chyou and an oral reply by the Secretary for the Civil Service, Miss Denise Yue, in the Legislative Council today (November 4):

Question:

     It was reported that a few months ago, a staff member, who had been employed by Radio Television Hong Kong on non-civil service contract for 21 years, died at work. Although the work of the staff member concerned in the past 21 years was no different from that of his civil servant colleagues, his dependents have not been granted gratuity equivalent to that under civil service employment terms. Regarding the provision of protection to non-civil service contract staff, will the Government inform this Council whether it will:

(a) consider providing death gratuity for non-civil service contract staff;

(b) widen the scope of application of the Employment Ordinance and the Labour Tribunal Ordinance to cover non-civil service contract staff; and

(c) in the long run, abolish the appointment system for non-civil service contract staff, and employ the staff concerned on civil service terms of employment?

Reply:

President,

     The Non-Civil Service Contract (NCSC) Staff Scheme, introduced in 1999, aims at providing Heads of Departments (HoDs) with a flexible means of employment to respond more promptly to changing operational and service needs which may be time-limited, seasonal, or subject to market fluctuations; or which require staff on a part-time basis only; or where the mode of delivery of the service is under review or likely to be changed. Generally speaking, NCSC staff, unlike civil servants employed to meet long-term service needs, are not part of the permanent civil service establishment. Hence, it is inappropriate to compare the employment terms and conditions of service of the NCSC staff with those of the civil servants. HoDs may determine the employment package for their NCSC staff having regard to the job nature, condition of the employment market, as well as their management and operational considerations, insofar as the terms and conditions of service for NCSC staff are overall speaking no less favourable than those provided for under the Employment Ordinance (Cap. 57).

     After briefly explaining the policy on the NCSC Staff Scheme, my reply to the specific questions is as follows:

(a) As the NCSC Staff Scheme is to allow HoDs with greater flexibility in meeting service needs, NCSC staff are employed on a fixed term contract basis with an all-inclusive pay package which does not offer fringe benefits. Currently, government employees, including NCSC staff, are covered by the Employees' Compensation Ordinance (Cap. 282). They are thus already protected by the relevant laws, including provisions in relation to the compensation for death caused by accident arising out of and in the course of the employment.

(b) While the Government is not bound by the Employment Ordinance, the current Government policy is that the employment package of government employees is overall speaking no less favourable than the provisions under the Employment Ordinance. The employment package of NCSC staff is determined with reference to the provisions of the Employment Ordinance and is specified in the employment contract of concerned staff, which is legally binding on the Government. The Civil Service Bureau (CSB) has stipulated the above policy clearly in the detailed guidelines issued to HoDs on employment of NCSC staff.

     The Labour Tribunal, established under the Labour Tribunal Ordinance (Cap. 25), hears claims arising from the failure of a person to comply with the provisions of the Employment Ordinance or the Apprenticeship Ordinance (Cap. 47). It also deals with cases involving breaches of a term of a contract of employment. As a good employer, the Government endeavours to resolve employees' complaints or disputes arising from their employment contracts through direct communication and on-going negotiation. The CSB encourages departments to maintain communication with their NCSC staff and to provide channels for NCSC staff to express their views. Government employees, be they civil servants or NCSC staff, may, under the Labour Tribunal Ordinance, bring money claims against the Government to the Labour Tribunal arising from breaches of employment contract.

(c) The CSB, jointly with bureaux and departments, conducted a comprehensive review on the employment of NCSC staff in 2006. The findings of the review showed that NCSC staff could effectively complement the civil service workforce in the delivery of services to the public. The CSB considers that bureaux and departments should be allowed the flexibility to continue employing NCSC staff to meet their operational needs, as long as the scope of the NCSC Staff Scheme is adhered to. The review also identified some 4,000 NCSC positions involving work that should more appropriately be performed by civil servants. The bureaux and departments concerned are taking action to replace these 4,000 odd NCSC positions by civil service posts by phases.

     Thank you, President.

Ends/Wednesday, November 4, 2009
Issued at HKT 14:58

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