President, today, I would like to talk about one of the points
raised in the amendment, that is the necessity to “expeditiously formulate
working hours regimes and overtime compensation regimes for different
industries to reduce situations of excessively long working hours and
uncompensated overtime work, and study the introduction of the ‘right to
disconnect outside working hours’ to ensure that employees enjoy a work-life
balance”. This has reminded me that the issue of standard working hours
has been repackaged under a different name and brought up for discussion again
after so many twists and turns.
This time the amendment is even worse than the one concerning the
standard working hours because different industries have different working
hours. More than 10 years ago, a trade union strongly advocated standard
working hours on the ground that it has gone too far to require property
security guards to work 12 hours a day, and their working hours were
subsequently shortened to 8 hours. This move was applauded by all,
especially security guards, because they thought that they could earn 12-hour
salary by working 8 hours only. Who else would reject such a
move? In the end, security guards found that their salaries abruptly
dropped from the original level of $9,000 to $6,000. It was even more
difficult for them to find another part-time job in the market, but they could
not make ends meet if they did not look for part-time jobs. As such, they
eventually backtracked and have now resumed working 12 hours a day because
there is precisely such a need for certain trades.
As I mentioned just now, introducing the so-called “standard working
hours” will only aggravate the labour shortage problem in Hong Kong. Many
trade union representatives have all along opposed labour importation on the
ground that it will only create a vicious circle and result in more severe
labour shortage.
The Liberal Party believes that many companies have been
implementing flexible working measures, which is indeed a market-led
behaviour. Take the sectors represented by the three Members of the
Liberal Party as an example. First of all, let me talk about the catering
industry which I represent. For decades, some restaurant staff (e.g. dim
sum chefs) have set off to work before sunrise because they have to prepare
freshly-made and hot dim sum for customers who come for breakfast at 6:00 am or
7:00 am. The same applies to the retail sector. Different industries
have implemented flexible working hours according to their respective specific
nature and there are numerous similar examples.
Regarding the “right to disconnect outside working hours” proposed
in the amendment, I must point out that the Liberal Party sets great store by
the contractual spirit of employers and employees. If employees and
employers have agreed upon the clause concerning the “right to disconnect
outside working hours” during contract negotiation, we certainly respect such
practice. In reality, it is difficult for many trades to implement the
“right to disconnect outside working hours” in society. Take civil
servants or Legislative Council members as an example. How should the
relevant rights be stipulated for these professions?
Furthermore, the relevant measures will definitely affect the
competitiveness of companies and even the overall competitiveness of Hong Kong
since it will impose restrictions on contacting staff members outside office
hours. Coupled with the development of social platforms and the Internet,
communication has become more convenient, and thus making it difficult to
define the meaning of “work” and “communication”.
The Liberal Party certainly agrees that there is a need to improve
the family-friendly policies in order to attract more female workers to return
to the workplace and relieve their work pressure, while at the same time
enhancing work efficiency. Most importantly, it will allow them to strike
a balance between family and work.
Lastly, President, I would like to point out that trade union
representatives have continually voiced their aspirations and made insatiable
demand. On the one hand, they call for abolishing the offsetting
arrangement. On the other hand, they call for an annual adjustment to the
minimum wage after its introduction. At present, the minimum wage has been
adjusted upwards every year, but the legislation on the minimum wage has
specified an upward or downward adjustment. At present, the minimum wage
has been adjusted upwards every year without undergoing any downward adjustment
and there is an insatiable demand in this regard. Looking at the situation
in the United States (“US”), why does US wilfully impose tariffs and coerce
workers and factories to relocate to US nowadays? It is because minimum
wage was first introduced in US, resulting in a total loss of
competitiveness. All the businesses were relocated overseas and problems
emerged subsequently. We should never follow suit.
|