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Following is a question by the Hon Sin Chung-kai and a reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (November 26):
Question:
At its meeting held on the 23rd of last month in Geneva, the United Nations (UN) Committee on the Elimination of Discrimination against Women (the Committee) considered the report submitted by the Government of the Hong Kong Special Administrative Region (HKSAR) on Hong Kong's fulfilment of her obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women. The Committee published its concluding observations on the 7th of this month, putting forward a number of recommendations to HKSAR Government. In this connection, will the Executive Authorities inform this Council:
(1) as the Committee is concerned that maternity leave in Hong Kong is limited to 10 weeks which does not comply with international standards, and urges the authorities to increase the maternity leave period, as well as their efforts to promote the use of flexible working arrangements and paternity leave to encourage men to participate equally in childcare responsibilities, whether the authorities will accept and implement the Committee's recommendations with a view to complying with international standards;
(2) as the Committee has pointed out the low level representation of women in politics in HKSAR, and recommends the authorities to conduct a study on the impact of the electoral system of functional constituencies on the equal participation of women in political life, whether the authorities will conduct such a study; if they will, of the details; if not, the reasons for that; and
(3) as the Committee is concerned that women foreign domestic helpers (FDHs) are subjected to abuse and unfavourable working conditions, and urges the authorities to strengthen the protection of FDHs from discrimination and abuse by employers and by recruitment and placement agencies, whether the authorities will accept the recommendation?
Reply:
President,
My reply to the question raised by the Hon Sin Chung-kai is as follows:
(a) Under the Employment Ordinance (EO), an eligible pregnant employee is entitled to a continuous period of 10 weeks' maternity leave (ML) with pay. If the employee encounters health problems owing to pregnancy or confinement before or after delivery, she is entitled to an additional period of leave up to four weeks. If the employee, by an agreement with the employer, takes further leave, the continuity of her employment shall not be affected.
Regarding paternity leave (PL), the Government introduced on March 26, 2014 the Employment (Amendment) Bill 2014 into the Legislative Council (LegCo) to provide for eligible male employees statutory PL of three days. The relevant Bills Committee of LegCo has completed scrutinising the Bill. We are discussing with LegCo on the date of resuming the Second Reading debate of the Bill. We earnestly hope that the Bill can be passed as soon as possible to benefit the eligible employees who are fathers-to-be.
Given that the varying economic situations and social systems in different places, individual places have to formulate their own employee benefit standards according to their individual circumstances. Taking ML as an example, the cost of ML pay for female employees is fully borne by individual employers in Hong Kong, which is different from the arrangement adopted in some other places around the world where ML pay is fully or partially financed by a social insurance system with contributions from both employers and employees. We consider that the existing provisions on maternity protection under the EO in Hong Kong have offered suitable protection to pregnant employees, while striking a reasonable balance between the interests of employers and employees. In assessing whether the duration of ML should be extended, we have to take into consideration our social and economic situation, and also whether the community has a general consensus on the feasibility of this suggestion.
I have to point out that the EO only serves to prescribe the minimum level of rights and benefits which the employers have to provide to their employees. The Government will continue to actively encourage employers to adopt employee-oriented good people management practices and, having regard to their own circumstances and the needs of their employees, implement family-friendly measures to enable their employees to take care of family needs through the adoption of more flexible working hours. Employers are also encouraged to draw up, in consultation with their employees, employment terms that are more favourable than those stipulated under the EO.
(b) The Hong Kong Special Administrative Region (HKSAR) Government will, in accordance with the law, ensure that all public elections are conducted in an open, fair and honest manner. Article 26 of the Basic Law stipulates that permanent residents of the HKSAR shall have the right to vote and the right to stand for election in accordance with the law. The legislation governing voter registration or the eligibility of candidates, etc. in the functional constituencies of LegCo does not contain any special arrangements on the grounds of gender.
(c) Foreign domestic helpers (FDHs) enjoy equal protection and benefits as local employees under our labour laws, e.g. the EO and Employees' Compensation Ordinance. FDHs also enjoy further protection provided by the Standard Employment Contract, including the Minimum Allowable Wage, free accommodation, free food (or food allowance), free medical benefits and passages to / from their places of domicile.
We consider that ensuring that FDHs, employers, employment agencies (EAs) as well as the general public are fully aware of the rights of FDHs is an effective way of preventing FDHs from being exploited. As such, the Government has already stepped up the relevant publicity and promotional efforts in different channels, such as distributing information packs and pamphlets at the airport and through various government departments, staging information kiosks at FDHs' popular gathering places, placing advertisements in local Filipino and Indonesian newspapers, and screening television and radio Announcement of Public Interests (API) in various local media to disseminate information on the rights of FDHs and on the channels for their seeking assistance. The Labour Department (LD) also participates in briefings and cultural activities organised by various consulates for newly-arrived FDHs from time to time, and has intensified collaboration with the consulates of the major FDH exporting countries in Hong Kong, including setting up a regular liaison mechanism for enhancing co-operation and exchanging information on problematic EAs, employers and FDHs.
The Government has always been committed to protecting the rights of FDHs in Hong Kong. We do not tolerate any malpractices of the employers or the EAs and will take rigorous enforcement and prosecution actions against any contraventions of laws. Those FDHs who suspect that they are being exploited or abused should come forward and report their cases to the authorities as soon as possible. Upon receipt of complaints, the Government will promptly investigate and will initiate prosecution if there is sufficient evidence. Furthermore, if satisfied on reasonable grounds, LD may revoke or refuse to renew the licences of EAs involved. At the same time, the Government has increased the frequency of inspections of EAs and is considering to issue a Code of Practice for the industry in a continuing process to strengthen the regulation of EAs.
Ends/Wednesday, November 26, 2014
Issued at HKT 15:33
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