Every summer vacation, there are a large number of interns, summer jobs, and part-time positions open, but are these positions protected by Hong Kong’s “Employment Ordinance”? Can’t enjoy labor holidays and sickness benefits when you first enter the workplace? What is a “continuous employment contract”? This article summarizes the employee benefits guaranteed by the Employment Ordinance for you, so as to avoid falling into job hunting traps.
What employee benefits are non-full-time employees entitled to?
According to the “Employment Ordinance” Chapter 57 of the Laws of Hong Kong, the article does not give detailed definitions of “temporary workers”, “part-time workers”, “substitute workers”, “long-term workers” and “full-time” employees. And the employees protected by the Employment Ordinance, regardless of their positions and hours of work, are entitled to the following employee benefits:
• Entitlement to wage payment;
• limitations on wage deductions;
• Rights and protections for taking statutory holidays, etc.
What is a “continuous employment contract”? What benefits can I enjoy?
According to the regulations, if the employee has been continuously employed by the same employer for more than 4 weeks or at least 18 hours per week. Then, his employment contract is a “continuous contract”, which is commonly known as “Regulation 4.18”.
If an employee is employed under a continuous employment contract, he is entitled to the following employee benefits:
• off day;
• At least one consecutive 24-hour rest day per week;
• Statutory annual leave;
• 12 statutory holidays per year, the Employment (Amendment) Regulations 2021 came into effect on 1 January 2022. The newly added statutory holiday on the first day is the Buddha’s birthday;
• Sickness benefits, etc.
What employee rights and interests do “temporary workers” and “part-time workers” enjoy?
Due to the above-mentioned “Regulation 4.18”, for non-full-time employees such as “temporary workers” and “part-time workers”, their employee benefits depend on their working hours, whether they comply with the “Continuous Employment Contract” or the protection of “Regulation 4.18”.
In fact, some companies use the gray area of regulations to reduce labor benefits, such as specifying that the working hours of employees shall not exceed 18 hours per week, so employees may not enjoy rights such as rest days, statutory paid holidays, and sickness benefits. labor costs.
Are there any employee benefits for “interns”?
For interns, in fact, employers have the right to refuse to provide interns with the protection under the Employment Ordinance and the Minimum Wage Ordinance. In other words, trainees or work experience students have no entitlement to paid holidays, MPF or minimum wage restrictions. However, in reality, there are still companies that take the initiative to provide them with the same protection as ordinary employees and enjoy the above-mentioned employee benefits.
Employees should pay attention to the benefits details before joining the company
In order to avoid labor disputes and protect the rights and interests of both parties, all employees should understand the employee contract, and the relevant salary and holiday rules clearly before joining the company, and can make more inquiries, and do not give up their due rights. At the same time, pay attention to whether the employer will reduce the working hours, making the employees not eligible for the protection of “Regulation 4.18”.
Moreover, regardless of whether the employee meets the requirements of “Regulation 4.18”, the employer cannot refuse to make contributions to the employee’s MPF on this ground. There is no conflict or causal relationship between the two. For employees who have been employed for 60 days, the employer is also responsible for arranging an MPF plan for the employee, and providing due protection in accordance with the regulations and guidelines of the Labor Department.