Quarterly English-language Bulletin of HKCTU

 

 

Campaign for the Abolition of the '4-18' Rule

Following on from a series of protest actions by HKCTU and its affiliates in 2001, the campaign for the abolition of the "4-18" rule in the Employment Ordinance is set to continue in 2002.

Under the Employment Ordinance of the Hong Kong SAR, only those employed under a continuous contract are entitled to paid sick leave, statutory holidays, paid annual leave and other benefits. An employee under continuous contract is defined as anyone working no less than 18 hours per week for at least four consecutive weeks. To avoid paying workers these entitlements, employers deliberately schedule working hours at just under 18 hours per week, or break the continuity of the minimum four-week period. In this way the 4-18 rule is used by employers to manipulate working hours and prevent casual and part-time workers from gaining regular employment status.

HKCTU and its affiliates have also drawn attention to the informal "3-18" system used by employers in the hotel, restaurant and catering industry. Under the 3-18 practice casual and part-time workers work in excess of 18 hours per week, even working double shifts, but are denied work assignments every fourth week so that they cannot accumulate four consecutive weeks of employment. In this way, regardless of the hours worked in three consecutive weeks, without working during the fourth week workers are not entitled to the employment benefits stipulated in the Employment Ordinance.

The 4-18 rule and the 3-18 system used by employers effectively exclude casual and part-time workers from the right to sick leave, statutory holidays and paid annual leave.

Alse see> Union Action May 2001: Casual & part-time workers fight the 4-18 work rule