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The summer holiday is the peak season for young people to enter the job market. With the increasing use of the Internet for recruitment, unscrupulous employers may take advantage of young people's eagerness to find jobs and recruit children online to engage in short-term jobs such as being couriers to provide delivery service. The Labour Department reminds the public to observe the relevant legislation governing the employment of children. Young job seekers are also advised to pay attention to the statutory rights and benefits as well as relevant protection under the labour laws and be aware of job traps when looking for summer jobs.
A spokesman for the Labour Department today (August 8) said, "Unless there is prior approval by the Commissioner for Labour, no person shall employ children aged under 13 to work. While children attaining the age of 13 but under 15 may be employed to work in non-industrial establishments, their employment is subject to a number of conditions laid down by the Employment of Children Regulations, which include, among others, the written consent of the child's parents to the employment and the production by the parents to the prospective employer evidence of the child's completion of Form Three or a valid school attendance certificate. Those aged 15 or above may generally be employed to work in non-industrial establishments or industrial undertakings."
"Any person who contravenes any provision of the regulations shall be guilty of an offence and will be liable, upon conviction, to a maximum fine of $50,000."
Apart from noting the statutory restriction on age for admission to employment, young people should also pay attention to the main provisions of the Employment Ordinance and the Minimum Wage Ordinance to understand their employment rights and benefits, so as to avoid wage defaults and unnecessary labour disputes.
"Under the Employment Ordinance, employees are entitled to basic protection in areas such as payment of wages, restrictions on wage deductions and granting of statutory holidays. Certain industries and establishments might request job seekers to take up jobs in the capacity of 'self-employed persons'. Given that self-employed persons are not covered by the Employment Ordinance nor the Minimum Wage Ordinance, job seekers are reminded to clarify whether they are engaged as employees or self-employed persons before taking up a job so as to safeguard their rights and benefits," the spokesman said.
"Online recruitment has now become a popular channel for both recruitment and job hunting. Unscrupulous employers may post deceptive recruitment messages on Internet discussion forums, social networking sites or through smartphone applications to prey upon young people. Therefore, young people should always stay alert and be cautious when searching for jobs to avoid falling into traps."
"Young people should also stay vigilant against recruitment advertisements by companies and employers with dubious backgrounds. They should not accept job offers involving unlawful behaviour, such as engaging in unlawful parallel trading activities or delivery of prohibited items. In cases of doubt or problems, young people should consult their parents and teachers or approach relevant authorities such as the Police and the Labour Department immediately for assistance," he said.
The spokesman said that the Labour Department will continue to step up inspections at places likely to employ children and youths during the summer holiday to detect possible offences. The department also encourages prompt reporting of breaches of the Employment of Children Regulations and wage defaults through its complaint hotline on 2815 2200.
In addition, the Labour Department has published a number of promotional leaflets, including "A Concise Guide to the Employment of Children Regulations", "Employment Ordinance at a Glance", "A Concise Guide to the Employment Ordinance" and "Beware of Employment Traps" (see annexes) for reference by the public. The publications are available for download from the Labour Department's website at www.labour.gov.hk/eng/public/index.htm. Enquiries can also be made at the department's hotline on 2717 1771 (the hotline is handled by 1823).
Ends/Friday, August 8, 2014
Issued at HKT 11:41
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