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The following is issued on behalf of the Standard Working Hours Committee:
The Standard Working Hours Committee (SWHC) today (April 25) launched the Consultation on Working Hours Policy Directions to collect views over a three-month period on working hours policy directions, which the SWHC will then use as a reference in preparing its report for the Government.
The Chairperson of the SWHC, Dr Leong Che-hung said, "This is a comprehensive, forward-looking, directional and extensive consultation with substantial content. In view of the fact that working hours policy is an extremely complex and highly controversial subject which carries widespread and significant implications for the overall labour market, manpower demand, employment relations, work culture, business environment, economic development and business competitiveness, the SWHC and I appeal for the active participation of the community, particularly employees and employers, in this consultation."
"Over the past three years, I and fellow members from the labour and business sectors, academia, the community and the Government have been acting sincerely with an open-mind and no pre-conceived stance on this subject. Adopting the spirit of forging common grounds and allowing differences, we will strive to formulate appropriate working hours policy directions for Hong Kong by using an evidence-based approach and offer advice to the Government."
"In 2014, the SWHC conducted an extensive first-stage consultation and an in-depth working hours survey, and examined a range of economic and social factors relating to the working hours policy. Through these we collected voluminous and useful data as well as views of the community. The findings of surveys revealed that employees and employers generally agreed with the approach of 'providing for stipulation of hours of work, overtime arrangements and overtime compensation in employment contracts'. They also in general recognised the importance of work-life balance and occupational safety and health. Productivity and work performance of employees might be enhanced by an appropriate working hours policy. In addition, labour organisations generally suggested a weekly standard of working hours at 44 hours, and overtime compensation at 1.5 times of the basic pay rate, while employers' associations and employers in general objected to introduction of uniform working hours legislation in Hong Kong and considered that employment contracts with clear stipulations would be sufficient for the purpose of achieving working hours arrangements as mutually agreed by employees and employers. Some employers also tended to accept a working hours policy targeting at helping grassroots employees with lower income, less bargaining power and who were required to work overtime without compensation. Employees and employers both recognised that a working hours policy had to take full account of the operational situations and practical needs of different sectors or occupations. A uniform ('across-the-board') working hours regulation for all sectors could result in serious impacts on individual sectors or even society and the economy as a whole."
"With reference to the findings of the above work, the SWHC deduced through an evidence-based approach the following principles and suggestions on exploring working hours policy directions suitable for Hong Kong:
(i) a legislative approach to implement a policy to regulate the working hours of employees;
(ii) owing to varied circumstances of different trades and occupations, a working hours policy should provide the necessary flexibility, hence an 'across-the-board' legislative approach would be inappropriate;
(iii) an in-principle agreement to explore a legislative approach to mandatorily require employers and employees to enter into written employment contracts, which shall include the specified working hours terms, such as overtime compensation arrangement (the 'big frame'); and
(iv) to explore, on the premise of the 'big frame', whether there is a need for other suitable measures (e.g. setting a working hours standard and an overtime pay rate) to further protect grassroots employees with lower income, lower skills and less bargaining power (the 'small frame')."
Dr Leong added, "The SWHC's work has entered into a critical time. Unlike the first-stage consultation held in 2014 which was of a general nature, this consultation is comprehensive and directional, aiming to collect views of the public on the working hours policy directions under exploration."
"The SWHC is consulting the public on the following four working hours policy directions:
(i) only implementing the 'big frame';
(ii) only implementing the 'small frame';
(iii) on the premise of implementing the 'big frame', to implement the 'small frame' as well; and
(iv) not to implement the 'big frame' nor 'small frame' but recommend implementing other policies/ measures pertaining to working hours (e.g. formulating voluntary guidelines according to the needs of individual sectors)."
Dr Leong said, "As working hours policy closely concerns employees and employers of various trades and occupations, I appeal to the community and general public to grasp this opportunity to actively express views. During the consultation period, the SWHC will organise consultation activities at different scales, including meeting with major employers' associations and labour organisations, and organising consultation forums for the relatively long-working-hours sectors as well as the general public. Written submissions are also welcome by the SWHC."
The consultation document and pamphlet can be downloaded from the webpage of the SWHC (www.swhc.org.hk/en/consultation) or collected from the Public Enquiry Service Centres of the Home Affairs Department, as well as the Job Centres, Industry-based Recruitment Centres, Youth Employment Start and district offices of the Labour Relations Division of the Labour Department after 12.30pm today. Details of the consultation forums will also be released on the above webpage later.
The public can submit their views to the SWHC in writing through email (swhc@swhc.org.hk), fax (2110 1527) or post (Standard Working Hours Committee, Room A, 1/F, Seaview Commercial Building, 21-24 Connaught Road West, Sheung Wan, Hong Kong) on or before July 24, 2016.
Chaired by Dr Leong Che-hung, the SWHC comprises 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).
Ends/Monday, April 25, 2016
Issued at HKT 15:01
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