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You may be looking for summer or part-time jobs hoping to gain pocket money and working experience. Yet, you may easily fall prey to scammers’ devious employment traps. Lack of cautiousness may lead to financial loss or unwitting involvement in criminal activities. Beware of Employment Traps To avoid falling into employment traps when looking for summer jobs, please refer to “A Guide for Students Seeking Summer Jobs” by the Labour Department and learn some tips for protecting yourself. To raise awareness, the Labour Department has also produced a video for you to familiarise with some of the situations. Beware of Industrial Safety & Regulations Fresh job-seekers must pay attention to industrial safety and avoid taking up dangerous work. You should use safety equipment provided by employers and strictly follow all safety regulations at work. Protect yourself and others, your safety always comes first.
To avoid misunderstanding or dispute, the relevant persons should understand clearly their mode of cooperation according to their intention and clarify their identities, whether they are engaged as an employee or a contractor/self-employed person, before entering into a contract. This can safeguard mutual rights and benefits.Employees should note- An employee should identify who his employer is before entering into an employment contract.- Before an employee considers changing his status to a contractor or self-employed person, he must cautiously assess the pros and cons involved, including the employment rights and benefits that he may lose in such a change.- An employer should not unilaterally change the status of his employee to a contractor or self-employed person without the consent of the employee.- A contractor or self-employed person should consider taking out a personal accident insurance policy with adequate coverage on his own. There is no one single conclusive test to distinguish an “employee” from a “contractor or self-employed person”. In differentiating these two identities, all relevant factors of the case should be taken into account. Please visit Labour Department website for more details. And the actual circumstances in each case are different, the final interpretation will rest with the court in case of a dispute. For the reference court cases, please click here for more details. If an employer fails to fulfil his obligations under the relevant legislation, the employee may call the Labour Department complaint hotline at 2815 2200 (information will be handled in confidence), or seek assistance in person at the offices of the Labour Relations Division of the Labour Department. For further enquiries about the differences between an “employee” and a “contractor or selfemployed person”, you may- Call the enquiry hotline: 2717 1771 (the hotline is handled by “1823”)- Visit the offices of the Labour Relations Division of the Labour Department (Click here for the addresses of the Offices)
Your MPF RightsAccording to the Mandatory Provident Fund Schemes Ordinance, if you are aged 18 to 64 and employed for 60 days or more, irrespective of your job nature as a full-time or part-time employee, you are covered by the Mandatory Provident Fund (MPF) System. Your employer must enrol you in an MPF scheme and make timely contributions in accordance with the law.The “60-days” rule:- Counted by calendar days (including holidays)- Determined by the employment relationship between the employee and employer. The number of the employee's actual working days or hours is irrelevant- Covers both full-time and part-time employments- Not applicable to the construction and catering Industries. If you are a casual employee from l construction or catering industry, and are employed on a day-to-day basis or a fixed period of less than 60 days, your employer must enrol you in an MPF Scheme and make contributions. *Under the existing MPF System, certain persons, such as domestic employees, are exempted. Please refer to the leaflet "What employees should know about MPF?' for details. Example I:Mr Wong is a security guard at a construction site. The security company he works for purposely breaks up his employment into a series of 50-day contracts to him. After the first employment contract expires, the security company would enter into another 50-day contract with Mr Wong on the same employment terms. Mr Wong has signed a total of six of these contracts in a year. Although the employment period of each contract is less than 60 days, the actual employment situation shows that the employment relationship between the security company and Mr Wong is not less than 60 days. The security company therefore must enrol him in an MPF scheme and make contributions. Example II:Ms Cheung has been employed as a part time cleaning worker for three months. Her employment contract stipulates that she is required to work for four hours each day every Saturday and Sunday. During the last three months. Ms Cheung has worked for 24 days and a total of 96 hours. Although she is a part time employee and her actual working days are less than 60 days, her employer should enrol her in an MPF scheme and make contributions as her employment period has exceeded 60 days. The number of hours she has worked is irrelevant. The MPF obligations of her employer are not affected by the definition of “continuous contract of employment under the Employment Ordinance (commonly known as H 418" rule, an employment contract under which an employee works continuously for the same employer for 4 weeks or more, with at least 18 hours in each week). Furthermore, employers cannot evade their MPF obligations by breaking up an employee's employment into periods of less than 60 days. If an employer and an employee enter into a series of such employment contracts and there is evidence that the employment relationship is not less than 60 days, the employer must enrol the employee in an MPF scheme and make contributions. Please visit MPF website for more details.
Work Trial Scheme (the Scheme) aim to enhance the employability of job seekers who have difficulties in finding jobs through one-month (30 days) full-time or part-time work trial.The Scheme- Scheme participants will be arranged to work in real jobs for one month (30 days) offered by participating organisations.- During the work trial period, there is no employment relationship between the participant and the participating organisation.- Participating organisation should provide on-the-job training for the participant and appoint a mentor to coach the participant during the work trial period.- On completion of the one-month (30 days) full-time work trial, each participant will receive an allowance of up to $8,300 while the allowance for part-time work trial participant will be calculated at $49 per hour, of which $500 is contributed by the participating organisation.- The Labour Department will take out insurance for Scheme participants.Service sector is most supportiveFeedback from employers is encouraging. Among others, the service sector is most supportive towards the Scheme, followed by the import and export industry and the retail industry. As for the work trial posts offered, most of them are clerical support workers, elementary occupations and associate professionals. As at 31 December 2019, over 5,800 job seekers have been placed into work trials. Among those participants who have completed the one-month work trial, over 75% of them are offered employment. With effect from 1 May 2019, the amount of full-time work trial allowance has been increased from $7,600 to $8,300. The Scheme is also extended to cover part-time posts with the amount of part-time work trial allowance calculated at $49 per hour.For enquiries, please contact the Work Trial Scheme Co-ordinating Office hotline at 2152 2090 or visit the Labour Department website.
The Employment Ordinance Doing a part-time job or summer job can give you spending money and work experience at the same time. Don’t be misled that such jobs are irregular and, therefore, employees are not protected by labour legislation. Guide to Part-time Employment on Labour Legislation and Guide to Employment Ordinance for Summer Job Students set out your rights and protection under the Employment Ordinance. Beware of Employment Traps To avoid falling into job traps when looking for summer jobs, you can also read Beware of Employment Traps to protect yourself.