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The following is issued on behalf of the Standard Working Hours Committee:
The Standard Working Hours Committee (SWHC) held its 11th meeting today (March 18) and further considered the findings of the dedicated working hours survey and the public engagement and consultation on working hours reported by the two consulting firms to the SWHC earlier. Major findings are as follows:
Dedicated Working Hours Survey
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The SWHC engaged the Study Consultant to conduct the first ever territory-wide household survey between June and August 2014 to collect working hours data and opinions on working hours arrangements/ a working hours policy from employed persons of randomly selected quarters using a scientific sampling method. A total of 10 275 employed persons were successfully enumerated.
Based on the findings of the household survey, it is estimated that the average and median total working hours during the past seven days before enumeration (Note 1) for all employees in Hong Kong were 43.5 and 44.0 respectively. About a quarter of them had performed overtime work during the past seven days before enumeration. 7.3% of all employees had performed compensated overtime work (by overtime pay and/ or time-off in lieu) and the median compensated overtime hours concerned was 5.0. 18.4% of all employees had engaged in overtime work without pay or time-off in lieu (i.e. uncompensated) and the median uncompensated overtime hours concerned was also 5.0.
74.3% of all employees considered their working hours in the past seven days before enumeration "just right", while 24.4% considered them "too long". 69.9% of the latter group of respondents did not wish to have their working hours reduced if their income would also decrease. Among all employees, 41.8% of them were willing to work more overtime if the overtime work would be reasonably compensated.
The top three working hours policy objectives recognised by employees were "better work-life balance for employees" (37.5%), "protecting occupational safety and health" (27.7%) and "specifying compensation for overtime work" (19.0%). The top three working hours policy objectives recognised by employers were "protecting occupational safety and health" (32.7%), "better work-life balance for employees" (26.1%) and "maintaining a favourable business environment" (10.9%).
The findings of the household survey also reveal that: of all employees, 88.6% had their weekly hours of work specified in contracts/ agreements (Note 2), while 82.7% had signed written employment contracts with their employers. The percentages of employees having signed written employment contracts with their employers in relatively long-working-hours sectors (79.0%) and in lower-skilled occupational groups (76.9%) were lower than that of all employees (82.7%). Of all employees, 61.1% did not have the method of overtime compensation specified in their contracts/ agreements, while 36.1% had entered into contracts/ agreements with the method of overtime compensation specified therein (Note 3).
As regards the way forward of a working hours policy, the approaches with which employees agreed were in the order of:
- "providing for stipulation of hours of work, overtime arrangements and overtime compensation in employment contracts" (93.7%);
- "by mutual agreements between employers and employees" (92.2%);
- "setting voluntary guidelines having regard to requirements of a sector" (89.7%);
- "setting maximum working hours" (75.8%); and
- "setting standard working hours" (67.1%).
The approaches with which employers agreed were in the order of:
- "setting voluntary guidelines having regard to requirements of a sector" (87.4%);
- "by mutual agreements between employers and employees" (84.0%);
- "providing for stipulation of hours of work, overtime arrangements and overtime compensation in employment contracts" (81.9%);
- "setting standard working hours" (56.1%); and
- "setting maximum working hours" (42.6%).
Moreover, the Study Consultant collected 2 277 self-administered questionnaires between July and September 2014 from randomly sampled members of organisations of 10 professions/occupations identified by the SWHC as having relatively long working hours or distinctive working hours patterns (Note 4), with a view to understanding the working hours situation of employees of these selected professions/occupations and supplementing the findings of the household survey.
The views of employees of selected professions/occupations on the way forward on a working hours policy were generally consistent with the opinions of overall employees in the household survey. Generally higher percentages of employees of the selected professions/occupations agreed with the approaches of "providing for stipulation of hours of work, overtime arrangements and overtime compensation in employment contracts" (58.4% to 86.6%); "by mutual agreements between employers and employees" (60.8% to 77.9%), and "setting voluntary guidelines having regard to requirements of a sector" (52.4% to 70.9%). In comparison, lower percentages of employees agreed with the approaches of "setting maximum working hours" (44.8% to 75.7%) and "setting standard working hours" (44.2% to 67.9%). The percentages of employees in relatively long-working-hours sectors and lower-skilled occupational groups agreeing with the approaches of "setting standard working hours" (69.3% and 69.1%) and "setting maximum working hours" (79.5% and 78.3%) were relatively higher than those of employees as a whole (67.1% and 75.8%).
Public Engagement and Consultation on Working hours
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With the assistance of the Consultation Consultant, the SWHC conducted a public engagement and consultation exercise between January 28 and July 31, 2014. During this period, the SWHC organised and participated in 40 consultation sessions of various forms and received some 4 800 written submissions (Note 5). The Consultation Consultant also conducted an opinion survey (the Opinion Survey) of working hours issues on randomly sampled members of trade associations and labour unions. Completed in end-September 2014, the Opinion Survey received a total of 1 507 opinion collection forms with a view to understanding their views on working hours issues.
According to information collected by the Consultation Consultant at the consultation activities, more employers and employees also recognised "protecting occupational safety and health" and "achieving work-life balance" as the major working hours policy objectives.
According to results of the Opinion Survey, the top three major working hours policy objectives chosen by labour union members were "enabling employees to attain a better work-life balance" (30%), "protecting occupational safety and health" (23%) and "specifying compensation for overtime work" (16%). The top three major working hours policy objectives chosen by trade association members were "enabling employees to attain a better work-life balance" (17%), "protecting occupational safety and health" (17%) and "maintaining Hong Kong's competitiveness" (14%).
On the way forward of a working hours policy, employees generally expressed their aspirations for legislating for working hours regulation, that in view of the unequal status between employers and employees, legislation was the only effective means to protect employees' rights. The labour organisations generally suggested weekly standard working hours at 44 hours, overtime compensation at 1.5 times of the basic pay rate and conferring employees the right to choose to work overtime, while some organisations expressed the view that maximum working hours should be set at 50 to 72 hours per week. On the other hand, employers strongly objected to introduction of uniform working hours legislation in Hong Kong, as employees of different sectors, occupations and skill levels, etc., could hardly follow a single model of working hours regulation owing to their widely varied working hours situations. Employers considered that clearly stipulated employment contracts would already suffice in achieving working hours arrangements as mutually agreed by employers and employees. They tended to accept formulation of voluntary working hours guidelines according to the needs of different sectors.
On whether and, if so, how the current working hours regime should be changed, according to results of the Opinion Survey, labour union members chose options in the order of:
- "requiring employers and employees to specify hours of work, overtime arrangements and overtime compensation in employment contracts" (55%);
- "legislating for standard working hours" (49%);
- "legislating for maximum working hours" (34%);
- "individual sectors setting their own voluntary guidelines" (31%);
- "no need to change the existing regime under which employers and employees are at liberty to agree on working hours arrangements" (14%); and
- "no comment" (11%).
Members of trade associations chose options in the order of:
- "no need to change the existing regime under which employers and employees are at liberty to agree on working hours arrangements" (62%);
- "individual sectors setting their own voluntary guidelines" (51%);
- "requiring employers and employees to specify hours of work, overtime arrangements and overtime compensation in employment contracts" (38%);
- "legislating for standard working hours" (11%);
- "no comment" (9%); and
- "legislating for maximum working hours" (8%).
In the Opinion Survey, comparing to standard working hours, the respondent members of labour unions and trade associations expressed a lower degree of support for and stronger opposition to maximum working hours.
The Chairperson of the SWHC, Dr Leong Che-hung, said after the meeting, "With reference to findings in the above two areas of work, the SWHC has formed a task force to explore the directions of a working hours policy and the further work of the SWHC for the Committee's in-depth discussion with a view to building consensus and identifying working hours policy options suitable for Hong Kong. Chaired by me, members of the task force include Mr Stanley Lau Chin-ho, Mr Ng Chau-pei, Professor Raymond So Wai-man, Professor Joe Leung Cho-bun and Professor Chong Tai-leung."
Dr Leong welcomed the appointment of Mr Charles Chan Yiu-kwong to the SWHC as an ex-officio member by virtue of his Labour Advisory Board (LAB) membership. Mr Chan was recently elected as the employee representative at the LAB by-election held on March 14.
Chaired by Dr Leong Che-hung, the SWHC comprises 23 members drawn from the labour and business sectors, academia, the community and the Government. For details, please refer to the SWHC website (www.swhc.org.hk).
Note 1: Total working hours refer to employees' actual working hours during the past seven days before enumeration, comprising contractual hours worked, and compensated (with pay and/ or time-off in lieu) and uncompensated (without pay or time-off in lieu) overtime hours.
Note 2: Contracts/ agreements include written contracts/ oral agreements.
Note 3: In addition, 2.8% of employees were not sure if the method of overtime compensation had been specified in contracts/ agreements.
Note 4: The 10 selected professions/ occupations are accountants, solicitors, engineers, doctors, employees of the educational profession, employees of the banking sector, information technology employees, journalists, estate agents, and tourist guides/ outbound tour escorts (listed in no particular order).
Note 5: Including pro-forma submissions in various forms expressing mostly the same views and suggestions.
Ends/Wednesday, March 18, 2015
Issued at HKT 15:38
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