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Following is a question by Dr Hon Pan Pey-Chyou and a written reply by the Secretary for the Civil Service, Miss Denise Yue, in the Legislative Council today (January 6):
Question:
A staff member who had been employed on non-civil service contract (NCSC) and worked for Radio Television Hong Kong for 21 years earlier died at work due to cerebral hemorrhages but the Government adamantly refused to grant death gratuity to his dependents on grounds that the employee was not a civil servant, and eventually only long service payment and mandatory provident fund (MPF) were granted. I have learnt that the incident has aroused public concern about the support for NCSC staff and their families. In this connection, will the Government inform this Council:
(a) of the current number of NCSC staff employed by the Government, with a breakdown by department and grade;
(b) of the respective numbers of staff continuously employed at present by the Government on NCSC and other forms of contract, with a breakdown by year of continuous service (i.e. those below five years, and groups of five years each thereafter to 20 years and above);
(c) of the respective numbers of cases reported to the Commissioner for Labour in the past five years which involved NCSC staff sustaining injuries at work and those in which such employees died at work; and
(d) apart from granting long service payments and MPF to the dependents of those NCSC staff who died at work, whether the Government at present provides any substantive support to the dependents or NCSC staff who sustained injuries at work; if so, how such support compares with that provided to civil servants and their dependents?
Reply:
President,
The Non-Civil Service Contract (NCSC) Staff Scheme, introduced in 1999, aims at providing Permanent Secretaries and Heads of Departments (hereafter shortened as 'HoDs') with a flexible means of employment to respond more promptly to changing operational and service needs of Bureaux/Departments (B/Ds) which may be time-limited, seasonal, or subject to market fluctuations; or which require staff to work less than conditioned hours; or which require tapping the latest expertise in a given area in the market; or where the mode of delivery of the service is under review or likely to be changed.
NCSC staff are employed on a fixed term contract basis with an all-inclusive pay package which does not offer any fringe benefits. HoDs may determine the employment package of their NCSC staff having regard to the job nature, condition of the employment market, as well as their management and operational considerations. The terms and conditions of service for NCSC staff are overall speaking no less favourable than those provided for under the Employment Ordinance (EO) (Cap. 57) and no more favourable than those applicable to civil servants in comparable civil service ranks or with comparable levels of responsibilities where they exist.
Moreover, Government employees, including NCSC staff, are covered by the Employees' Compensation Ordinance (ECO) (Cap. 282). They are thus already protected by the relevant laws, including provisions in relation to paid sick leave for injury on duty and compensation for death caused by accident arising out of and in the course of the employment.
Given the nature of the NCSC Scheme, the Civil Service Bureau (CSB) only collects general information (such as the number of NCSC staff employed, the monthly salary range and the duration of contracts) twice a year from B/Ds.
With the above brief explanation on the NCSC Staff Scheme, my reply to the specific questions is set out below:
(a) Having regard to the scope of the NCSC Staff Scheme, the number of NCSC staff employed by B/Ds varies from time to time in the light of changing service and operational requirements. As at June 30, 2009, there were 16,186 full-time (Note 1) NCSC staff employed by B/Ds. A breakdown of these full-time NCSC staff by B/Ds is at Annex. There is no classification of NCSC staff by "grades" as such since they are employed outside the civil service establishment. We are therefore unable to provide a breakdown of the number of NCSC staff by grades.
(b) As at June 30, 2009, the majority (12,091 or about 75%) of the 16,186 full-time NCSC staff had continuous service (Note 2) of less than five years. Of the remaining NCSC staff, 3,551 had continuous service of five years or more to less than 10 years, and 554 had 10 years or more. The CSB does not keep information on the breakdown by other years of continuous service as mentioned in part (b) of the question. Neither do we have the information on the years of continuous service of staff employed on other forms of contract.
(c) The respective numbers of cases reported to the Commissioner for Labour in the past five financial years which involved full-time NCSC staff sustaining injuries at work are as follows:
Number of cases involving
full-time NCSC staff
Financial year sustaining injuries at work
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2004-05 343
2005-06 350
2006-07 424
2007-08 344
2008-09 329
In the past five financial years, no NCSC staff died arising out of and in the course of the employment.
(d) As civil servants and NCSC staff have their distinctive nature of appointment, it is inappropriate to compare the employment terms and conditions of service of civil servants with those of NCSC staff.
As far as the arrangements for staff who sustain injuries or die on duty are concerned, Government employees, including NCSC staff, are covered by the ECO, NCSC staff are thus already protected by the relevant laws. Generally speaking, Government employees (be they civil servants or NCSC staff) who sustain injuries on duty are entitled to paid sick leave for a maximum period of 24 months. Free medical services by the Government or Hospital Authority will also be provided. If the staff opts for medical treatment by registered Chinese medicine practitioners, he may apply to the Government for reimbursement of the fees subject to the maximum amount as provided for under the ECO.
As for compensation for staff who die as a result of injuries while on duty, the dependants of an NCSC staff are entitled to statutory compensation under the ECO and the staff's accrued mandatory provident fund (MPF) benefits. For a civil servant appointed under the new terms on or after June 1, 2000, on top of the statutory compensation under the ECO and his accrued MPF/civil service provident fund benefits, a death payment of 36 months' final salary will be payable to his dependants if he dies arising out of and in the course of the employment.
Note 1: "Full-time" means the employment is on a "continuous contract" under the definition of the EO. According to the EO, an employee who works continuously for the same employer for four weeks or more, with at least 18 hours in each week, is regarded as working under a continuous contract.
Note 2: "Continuous service" includes service in the same NCSC position, as well as service in different NCSC positions in the same department but without a break in service.
Ends/Wednesday, January 6, 2010
Issued at HKT 16:07
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