Imported labour ratios may vary within an industry

The proportions of imported to local workers could be vary from enterprises to enterprises within the same industry according to the actual situations.

The executive committee of the Standing Committee for the Coordination of Social Affairs for the first time discussed the administrative regulation concerning the proportional system yesterday at the Labour Affairs Bureau.

Executive committee coordinator Shuen Ka Hung said they will submit the administrative regulation to the Executive Council as soon as possible, but he was not unable to predict when it will take effect.

Shuen Ka Hung told reporters after the closed-door meeting that the Human Resources Office will be responsible to formulate the actual proportions based on Articles 2 and 8 of the Imported Labour Law, which has already come to effect yesterday, as well as the economic environment and the employment situation of local workers.

Shuen Ka Hung said each industry will be given a general proportion of imported to local workers, but different companies within the same industry could have different proportions depending on the actual conditions of the case.

He said for example if a company proposes an unjustified salary to an imported worker, the Human Resources Office could turn down the application and therefore the company will have less non-local workers.

In addition, Shuen Ka Hung said imported labour applications for professional drivers, casino floor supervisors and croupiers could be suspended for six months (but can be extended) due to “major economic or social order reasons” as being prescribed in Article 15 of the Imported Labour Law.

A Concern Committee for the Recruitment of Imported Labour will be formed under the Standing Committee for the Coordination of Social Affairs. It is an advisory body responsible to provide information and carry out discussions on the policy directions of imported labour-related issues.

Shuen Ka Hung said the legal team is drafting details including the number of members and operational model, which will be introduced in the next Standing Committee meeting in May.

The Concern Committee will be composed by representatives from employers, employees and the government.

Since it is a government body and thus imported labour can’t be invited to join the committee, Shuen Ka Hung said the members are always free to ask for migrant workers’ opinion and bring it back to the committee for discussions.