香港政府即将修订《雇佣条例》下长期以来的连续性合约要求。我们将在本文阐述此举将如何改变香港的雇佣关系。

现行法律框架

根据《雇佣条例》的当前规定，受雇于同一雇主连续工作4星期或以上而每星期最少工作18小时的雇员会被视为根据「连续性合约」受雇 – 通常称为「418」要求。《雇佣条例》附表一规定了这些小时数的计算方法，包括可能计入工作小时门槛的特定缺勤时间。

根据「连续性合约」受雇的雇员可享有《雇佣条例》下的权益及福利，如法定假日薪酬、有薪年假、疾病津贴、产假/侍产假、遣散费及长期服务金等。

拟议修订

劳工顾问委员会最近达成了共识，「418」要求将被修改和放宽。根据拟议修订，在连续4星期内受雇于同一雇主且工作总共68小时或以上的雇员会被视为根据「连续性合约」受雇。

拟议修订尚未生效。立法程序正在进行中，修订草案将会提交立法会审议。

对雇主和雇员来说意味着什么?

从「418」要求到「468」要求的拟议转变将增强保障工時較短或聘用期較短的雇员的权利和福利，如兼职员工、散工及替工。在实施拟议修订后，预计更多的雇员将有资格享有上述《雇佣条例》下的福利。

雇主应开始评估即将生效的「468」要求下的法律、运营和财务影响，并审阅或调整其劳动力结构和雇佣合约以确保合规性。此外，雇主还应仔细保持准确的雇佣记录，因为这些记录对于履行法定义务和促进「468」要求下的扩展福利范围至关重要。

本篇文章仅是对有关题目提供的一般概述，并非旨在成为可依赖的专业意见。请联系我们获取进一步的具体法律意见。

Continuous Contract Requirement under the Employment Ordinance: The Shift from “418” to “468”

The Hong Kong Government is set to amend the longstanding continuous contract requirement under the Employment Ordinance (the “EO”). In this article, we are going to illustrate how this move will alter the landscape of employment relations in Hong Kong. 

Current Legal Framework 

Under the current provisions of the EO, employees who are employed by the same employer for four or more consecutive weeks and have worked for at least 18 hours a week are regarded as being employed under a “continuous contract” – commonly known as the “418” requirement. The First Schedule of the EO governs the computation of these hours, including specific absences that may count towards the work hour threshold.

Employees who are employed under a “continuous contract” are entitled to various rights and benefits under the EO, such as statutory holiday pay, paid annual leave, sickness allowance, maternity/paternity leave, severance payment and long service payments, etc. 

Proposed Amendments 

The Labour Advisory Board recently reached a consensus that the “418” requirement will be modified and relaxed. Pursuant to the proposed amendments, employees who are employed by and work for the same employer for an aggregate of 68 hours or more in four consecutive weeks will be regarded as being employed under a “continuous contract” of employment. 

The proposed amendments are not yet effective. The legislative process is underway, and an Amendment Bill will be introduced into the Legislative Council for scrutiny. 

What it means for Employers and Employees?

The proposed shift from the “418” requirement to the “468” requirement will provide enhanced protection of the rights and benefits of employees with shorter working hours or shorter employment period such as part-time employees, casual workers and substitute workers. It is anticipated that a larger pool of employees will become eligible for the EO benefits listed above upon the implementation of the proposed amendments. 

Employers should start assessing the legal, operational and financial implications under the “468” requirement which will come into effect and review or adjust their workforce structures and employment contracts to ensure compliance. Moreover, employers should also carefully maintain accurate employment records, as these are essential for fulfilling statutory obligations and facilitating the extended benefits coverage under the “468” requirement.

This material has been prepared for general informational purposes only and is not intended to be relied upon as professional advice. Please contact us for specific advice.