Introduction to the Labour Department of the HKSAR Government
   
In general, the Labour Department aims:
- to improve the utilisation of human resources by providing a
range of employment services to meet changes and needs in the
labour market;
- to ensure that risks to people's safety and health at work are
properly managed by legislation, education and promotion;
- to foster harmonious labour relations through the promotion of good
employment practices and the resolution of labour disputes; and
- to improve and safeguard employees' rights and benefits in an
equitable manner.
The main divisions in the Labour Department in relation to employment
legal matters are highlighted as follows:
A) MINOR EMPLOYMENT CLAIMS ADJUDICATION BOARD
- The Minor Employment Claims Adjudication
Board (MECAB), which was set up under the Minor Employment
Claims Adjudication Board Ordinance (Cap.
453 of the Laws of Hong Kong), adjudicates minor employment
claims in a quick, simple and inexpensive manner. A claim that
cannot
be resolved amicably through conciliation can be referred
to the MECAB for adjudication.
- The MECAB is empowered to adjudicate
employment claims involving not more than 10 claimants for
a sum of money not exceeding
$8,000 per claimant. Employment claims falling outside
the jurisdiction
of the MECAB are heard by the Labour Tribunal within the Judiciary.
- Hearings of minor employment claims
are conducted in public, and no legal representation is allowed.
An award or order
made by an Adjudication Officer of the Board is legally
binding. Parties who are dissatisfied with the judgement of
an Adjudication
Officer
can apply for a review. They can also apply to the Court
of
First Instance for an appeal against the Adjudication
Officer's decision
on point of law or question of jurisdiction.
B) LABOUR RELATIONS DIVISION
The Labour Relations Division is responsible for the maintenance
of harmonious labour relations in the non-government sector.
Its main activities include:
- Providing an in-person consultation service to employers and employees on
matters that relate to conditions of employment and their rights
and obligations under the Employment Ordinance; and
- Providing a voluntary conciliation service to employers
and employees to help them settle their disputes and claims
before
going to court.
C) EMPLOYMNET CLAIMS INVESTIGATION DIVISION
The Employment Claims Investigation Division investigates complicated cases that
involve suspected offences under the Employment Ordinance, and
pursues prosecution action against offenders.
D) EMPLOYEES' COMPENSATION DIVISION
The Employees' Compensation Division
- assists employees who suffer from work injuries or occupational diseases, or
family members of employees who are killed in work accidents,
to obtain compensation under the Employees' Compensation Ordinance;
- assists persons who suffer from pneumoconiosis or their
family members to obtain compensation under the Pneumoconiosis
(Compensation)
Ordinance (Cap. 360 of the Laws of Hong Kong) or to obtain
ex gratia payments under the Pneumoconiosis Ex Gratia Scheme;
and
- promotes, reviews and enforces provisions under the Employees'
Compensation Ordinance and the Pneumoconiosis (Compensation)
Ordinance.
E) WAGE SECURITY DIVISION
The Wage Security Division
- assists employees who are owed wages by insolvent employers to apply
for ex-gratia payments from the Protection of Wages on Insolvency
Fund; and
- processes and verifies applications to the Fund.
The Protection of Wages on Insolvency Fund covers wages owed for services that
were rendered to an employer during the four months before the
last day of service, wages in lieu of notice and severance payments
payable to employees under the Employment Ordinance. For further
information about this fund, please go to http://www.labour.gov.hk/eng/public/wcp/PWIF.pdf.
F) LABOUR INSPECTION DIVISION
The Labour Inspection Division
- carries out inspections to enforce the following legislation:
- carries out inspections on industrial and non-industrial establishments to
check employees' statutory rights and benefits including maternity
leave, rest days, sickness allowance, statutory holidays and
annual leave provided under the Employment Ordinance and the
keeping and maintenance of records as required by the Ordinance,
and to enforce the wage provisions; and
- carries out inspections on the workplaces and accommodation of imported workers
to ensure that workers who enter Hong Kong for employment under
the Supplementary Labour Scheme receive their statutory and contractual
benefits.
G) REGISTRY OF TRADE UNIONS
The Registry of Trade Unions administers the Trade Unions Ordinance (Cap. 332
of the Laws of Hong Kong) and the Trade Union Registration Regulation, which
make provisions for the registration and regulation of trade unions. The
Registry's principal objectives are to bring about sound trade union administration,
encourage responsible trade unionism and protect the interests of trade union
members. Its major responsibilities include registering trade unions and
their rules, and examining their annual statements of account.
H) OCCUPATIONAL SAFETY SERVICE
Occupational Safety Service is provided by Occupational Safety
Officers. The key duties of this service include :
The Occupational Safety and Health Branch of the Labour Department has prepared a list of publication under Occupational Safety, including:
- Guides to Legislation;
- Codes of Practice;
- Guidance Notes;
- Other Guidebooks;
- Posters; and
- CD-ROM
For more details on the functions of each
division of the Labour Department, please visit the official
website at http://www.labour.gov.hk.
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