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