Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2, paragraph 2 of the Convention. The Committee noted that domestic workers were not included in the definition of "worker" in the Labour Act, but that the provisions of the Labour Ordinance, Cap. 28 had been applied to domestic servants under the Labour (Domestic Servants) Rules, 1968. It hopes that the Government will supply information on any further special rules made in respect of these workers.

Article 10. The Committee noted that attachment and assignment of wages were specifically excluded, under section 10(1) of the Labour Act, from the limits imposed on deductions. Please indicate the manner in which and the limits within which the attachment and the assignment of wages are permitted.

Article 11. The Committee noted that section 299 of the Companies Act met the requirements of Article 11, but that its application was limited to clerks, servants, workmen and labourers. Please indicate what arrangements have been made to apply the provisions of this Article to workers who are not covered by the Companies Act.

Article 12, paragraph 1. The Committee noted that there are no provisions for regular payment of wages, although section 15 of the Labour Act lays down certain conditions for monthly payment of wages, and section 18 of the Employment Act requires every employer to keep records of when the remuneration is payable. It hopes that the Government will take the appropriate measures to bring the legislation into conformity with the Convention in the near future.

Article 13, paragraph 1. Please indicate what measures have been taken to give effect to this Article, which stipulates that the payment of wages where made in cash is to be made on working days only and at or near the workplace.