(7 of 2001 s. 13) (Cap 57, section 73) [1 July 1980] (L.N. 86 of 1980) Cap 57C reg 1 (Repealed 7 of 2001 s. 14) Cap 57C reg 2 Interpretation In these regulations, unless the context otherwise requires- "employer" (雇主) includes a proprietor; "industrial undertaking" (工业经营) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap 59); "period of employment" (雇佣期) means the period (inclusive of the time allowed for meals and rest) within which persons may be employed on any day; "proprietor" (东主) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap 59); "rest day" (休息日) means a day of the week on which, under regulation 14(1), a young person shall not be employed in any industrial undertaking; (L.N. 229 of 1997) "week" (星期) means the period between midnight on Saturday night and midnight on the succeeding Saturday night; "working hours" (工作时间) means the time during which persons employed are at the disposal of the employer, exclusive of any intervals allowed for rest and meals; and "hours worked" (已工作时间) has a corresponding meaning. (L.N. 229 of 1997) Cap 57C reg 3 Application (1) These regulations shall not apply to young persons employed in- (a) any industrial undertaking in a clerical or managerial capacity or in any health or welfare service connected with such industrial undertaking; (b) any undertaking which is not carried on by way of trade or for the purposes of gain; (c) any agricultural operation; (d) the preparation of food for consumption and sale on the premises whereon it is prepared. (L.N. 387 of 1982)(2) Part IV of the Ordinance does not apply in relation to young persons to whom these regulations apply. (L.N. 387 of 1982) (3) A young person who works in any industrial undertaking, whether for wages or not, either in a process or in cleaning any part of the premises used for any process, or in cleaning or oiling any part of the machinery or plant or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as may otherwise be provided by these regulations, be deemed to be employed therein for the purposes of these regulations or of any proceedings thereunder: Provided that any young person employed- (a) solely in cleaning the premises or any part thereof of such industrial undertaking, otherwise than in cleaning which is incidental to or connected with any process; or (b) solely as a caretaker in such premises,shall not be deemed for the purposes of these regulations to be employed in such undertaking. (4) The application of these regulations to young persons who are registered apprentices under the Apprenticeship Ordinance (Cap 47) and their employers shall be subject to any specific provisions to the contrary in that Ordinance. (L.N. 229 of 1997) Cap 57C reg 4 Employment in underground work No person shall employ any young person on underground work in any mine or quarry, or in any other industrial undertaking involving a tunnelling operation. (L.N. 229 of 1997) Cap 57C reg 5 Employment in dangerous trades (1) No person shall employ any young person in any dangerous trade. (L.N. 91 of 2002) (2) In paragraph (1), "dangerous trade" (危险行业) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap 59). Cap 57C reg 6 Carrying of weights by young persons No young person employed in any industrial undertaking shall be permitted to carry any load which is unreasonably heavy having regard to the age and physical development of such young person; and in the case of a young person under the age of 16 years, such load shall not in any event exceed 18 kg in weight. (L.N. 229 of 1997) Cap 57C reg 7 Facilities for resting In any industrial undertaking in which young persons are employed, the employer shall provide (if practicable, having regard of the layout of the premises in question) and maintain for the use of all such young persons, whose work is done standing, suitable facilities for sitting sufficient to enable them to take advantage of any opportunities for resting which may occur in the course of their employment. (L.N. 229 of 1997) Cap 57C reg 8 General conditions as to hours of employment of young persons (1) Subject to these regulations, no employer shall employ any young person in any industrial undertaking unless the working hours, the period of employment and the intervals for meals and rest for such young person conform to the following conditions, namely- (a) the total hours worked shall neither exceed 8 in any day nor exceed 48 in any week; (b) the period of employment shall- (i) (Repealed L.N. 41 of 1988) (ii) not exceed 10 hours in any day and shall neither begin earlier than 7 a.m. nor end later than 7 p.m.; (iii) (Repealed L.N. 229 of 1997)(c) no young person shall be required or permitted to work continuously for a spell of more than 5 hours without thereafter an interval of not less than half an hour for a meal or rest; (d) except with the permission in writing of the Commissioner, the period of employment and the intervals allowed for meals and rest in accordance with this regulation shall be the same for all young persons employed in such industrial undertaking.(1A) Notwithstanding paragraph (1)(a), the total hours worked by a young person in an industrial undertaking may, by agreement between the employer and the young person concerned, exceed 8 on one or more days in any week or 48 in any week: Provided that the total hours worked by the young person in that week and the next following week do not exceed 96. (L.N. 41 of 1988) (2) For the purposes of this regulation, work shall be deemed to be continuous unless interrupted by an interval of at least half an hour. (L.N. 41 of 1988; L.N. 229 of 1997) Cap 57C reg 9 Notice fixing hours of employment Remarks: For savings and transitional provisions affecting this regulation, see section 17 of L.N. 229 of 1997 and section 15 of 7 of 2001. (1) No employer shall employ any young person in an industrial undertaking unless there is conspicuously posted up at a place which is conveniently accessible to the persons employed in the industrial undertaking a notice- (a) fixing within the limits prescribed in regulation 8 and, in the case of shift work, regulation 11, the period of employment for each day of the week for young persons employed in the industrial undertaking; (b) fixing within the limits prescribed in regulation 8 and, in the case of shift work, regulation 11, the intervals allowed for meals and rest for young persons employed in the industrial undertaking; and (c) specifying the rest day on which young persons shall not be employed in the industrial undertaking or, if the rest day is not the same for every young person so employed, specifying that fact. (L.N. 229 of 1997)(2) Different periods of employment and different intervals for meals or rest may be fixed for different days of the week. (3) No employer shall change, or cause or permit to be changed, any period of employment or interval for meals or rest fixed by notice posted up under paragraph (1), or fixed by a notice deemed, by virtue of this paragraph, to have been posted up under paragraph (1), unless, not less than 48 hours before any change of any such period of employment or any such interval for meals or rest is to come into operation, he has served on the Commissioner a notice in writing of intention to make such change and has posted up, in the manner prescribed by paragraph (1), a notice in the form specified for the purposes of that paragraph, which shall, in addition to specifying the new period of employment or new interval for meals or rest, or both, as the case may be, and the other matters required by paragraph (1), specify the date on which such change is to commence, and, upon the coming into operation of such change, the notice posted up in accordance with this paragraph shall be deemed to have been posted up under paragraph (1): Provided that no such change shall, in any event, be made more often than once in every 3 months, unless for special cause allowed in writing by the Commissioner. (L.N. 407 of 1992) (4) A copy signed by the employer or by his duly authorized agent of any notice posted up under paragraph (1) shall be sent not later than the day of posting up to the Commissioner. (5) No young person shall be employed otherwise than in accordance with the period of employment fixed in a notice posted up under paragraph (1). (L.N. 229 of 1997) (6) Any document purporting to be a copy of a notice posted up under paragraph (1) and purporting to be signed by the employer or his duly authorized agent shall be admitted in evidence in proceedings before any court on its production by a public officer without further proof, and- (a) until the contrary is proved, the court before which such document is produced shall presume- (i) that the document is a true copy of a notice posted up under paragraph (1); and (ii) that the document is signed by the employer or his duly authorized agent; and(b) the document shall be conclusive evidence of- (i) the period of employment fixed by the employer for young persons in the industrial undertaking; (ii) the intervals allowed to such young persons for meals or rest fixed by the employer; (iii) the rest day of such young persons. (L.N. 229 of 1997) Cap 57C reg 10 (Repealed L.N. 229 of 1997) Cap 57C reg 11 Employment on shift work (1) Where in any industrial undertaking young persons of or over the age of 16 are employed on a scheme of shift work, the provisions of regulation 8(1)(b)(ii) may, subject to this regulation and to the prior approval in writing of such scheme by the Commissioner, be read as though 11 p.m. were substituted for 7 p.m. (L.N. 41 of 1988) (2) No employer shall employ any young person of or over the age of 16 in an industrial undertaking on any scheme of shift work involving work between 7 p.m. and 11 p.m., unless the following conditions are complied with- (L.N. 229 of 1997) (a) such shift work is carried on only in a building approved in writing by the Commissioner; (b) a suitable room in which no industrial process is carried on and which has been approved in writing by the Commissioner is provided and equipped for use as a dining and rest room. (c) (Repealed L.N. 41 of 1988) Cap 57C reg 12 (Repealed L.N. 41 of 1988) Cap 57C reg 13 Prohibition of work during meal or rest intervals No employer shall require or permit a young person to work in an industrial undertaking during any part of an interval allowed to such young person for a meal or rest under regulation 8. (L.N. 229 of 1997) Cap 57C reg 14 Rest days (1) Subject to regulation 15 and notwithstanding anything contained in these regulations, no employer shall employ in an industrial undertaking any young person- (a) on any day of the week- (i) specified in a notice posted up under regulation 9(1)(c) if that day is the same for every young person employed therein; or (ii) specified in a register maintained under regulation 16(2)(h) if that day is not the same for every young person employed therein; or (b) if the day of the week- (i) specified in a notice posted up under regulation 9(1)(c); or (ii) specified in a register maintained under regulation 16(2)(h), has been changed in accordance with a notice under regulation 15(1), on the day of the week specified in that notice; or(c) if the Commissioner has, under regulation 15(2), permitted the day of the week- (i) specified in a notice posted up under regulation 9(1)(c); or (ii) specified in a register maintained under regulation 16(2)(h), to be changed to another day of the week, on the day so substituted.(2) No employer shall employ in an industrial undertaking any young person on more than 6 days in any week. (3) Rest days shall be in addition to any statutory holiday or alternative holiday or substituted holiday, to which an employee is entitled under section 39 of the Ordinance. (L.N. 229 of 1997) Cap 57C reg 15 Rest day not to be changed without permission of Commissioner Remarks: For savings and transitional provisions affecting this regulation, see section 17 of L.N. 229 of 1997 and section 15 of 7 of 2001. (1) No employer shall change, or cause or permit to be changed, the rest day of a young person employed by him in an industrial undertaking unless, not less than 48 hours before such change is to come into operation, he has served on the Commissioner a notice in writing of the intention to make such change. (2) No employer shall change, or cause or permit to be changed, more often than once in every month the rest day of a young person unless for special reasons the Commissioner permits him in writing to do so. (3) Where, in the course of one month, the rest day of a young person- (a) is changed in accordance with a notice served under paragraph (1); and (b) in the week immediately following such change, is changed back to the day previously specified,the change back shall, for the purposes of paragraph (2) of this regulation, be deemed not to constitute a change. (L.N. 229 of 1997) Cap 57C reg 16 Register of young persons employed in industrial undertaking Remarks: For savings and transitional provisions affecting this regulation, see section 17 of L.N. 229 of 1997 and section 15 of 7 of 2001. (1) Every employer of young persons in an industrial undertaking shall maintain or cause to be maintained therein in the appropriate specified form a register in accordance with this regulation: (L.N. 407 of 1992) Provided that the Commissioner may exempt any such employer from keeping the whole or part of such a register if all young persons employed in the industrial undertaking rest on the same day. (2) The register shall in respect of every young person employed in the industrial undertaking- (a) specify his name; (L.N. 41 of 1988) (b) specify the number of his identity card, if any, issued under the Registration of Persons Ordinance (Cap 177); (c) specify his date of birth; (d) (Repealed L.N. 41 of 1988) (e) specify the date on which he first commenced to work in the industrial undertaking; (f) specify the period of employment of the young person for each day of the week as fixed by the notice posted up under regulation 9(1); (g) specify the intervals allowed for meals and rest for the young person as fixed by the notice posted up under regulation 9(1); (h) specify his rest day; and (i) specify the nature of his employment, the section or part of the industrial undertaking in which he is employed and (where applicable) the shift on which he is required to work, (L.N. 41 of 1988)and shall also specify such other particulars as are in the opinion of the Commissioner required in order to assist the Commissioner to ascertain whether or not the provisions of regulation 8, 9, 11 or 14 are being or have been complied with. (L.N. 407 of 1992) (3) At the request of any young person employed in an industrial undertaking, the employer shall produce for inspection by that young person the entry in the register specifying his rest day. (L.N. 229 of 1997) Cap 57C reg 17 (Repealed L.N. 407 of 1992) Cap 57C reg 18 Penalty for contravention of regulation 4 or 5 Any person who contravenes regulation 4 or 5 commits an offence and is liable to a fine of at level 5. (24 of 1988 s. 5; 103 of 1995 s. 29) Cap 57C reg 19 Penalty for contravention of regulation 8(1), 9, 11(2), 13, 14, 15 or 16 The employer of young persons in an industrial undertaking- (a) who contravenes regulation 15 or 16; or (b) in respect of which regulation 8(1), 9, 11(2), 13 or 14 is contravened,commits an offence and is liable to a fine of at level 5. (24 of 1988 s. 5; 103 of 1995 s. 30; L.N. 229 of 1997) Cap 57C reg 20 Penalty for contravention of regulation 7 The employer of young persons in an industrial undertaking who contravenes regulation 7 commits an offence and is liable to a fine at level 3. (L.N. 41 of 1988; 24 of 1988 s. 5; 103 of 1995 s. 31; L.N. 229 of 1997) Cap 57C reg 21 Penalty for contravention of regulation 6 The employer of young persons in an industrial under taking in which any person is permitted to do anything in contravention of any of the provisions of regulation 6 commits an offence and is liable to a fine at level 3. (24 of 1988 s. 5; 103 of 1995 s. 32; L.N. 229 of 1997)
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