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posted 2 years ago
By Rossana Chu, Jacky Chan:
Workplace safety legal requirements apply to all types of employment in Hong Kong, including the white-collar sectors. Similarly, employers and employees in all industries have to comply with anti-discrimination, although some forms of discrimination are not very obvious in certain situations. In this article, we would suggest practical ways to comply with the relevant stipulations in the workplace.
Health and safety in the workplace
There are stringent occupational health and safety obligations under the Occupational Safety and Health Ordinance of Hong Kong. Under this ordinance, every relevant person (not only employer and employee) has a role to play in creating a safe and healthy workplace.
Employers should contribute to safety in their workplaces and health of their employees by:
If the workplace is located on premises that are not under the employer’s control, the occupier of the premises must ensure that such premises, the means of access to and egress from the premises, as well as plant or substances kept at the premises, are safe and without risks to health.
Employees should take care of health and safety at the workplace by using the plant, equipment and work systems in a safe manner and following working rules stipulated by their employers and required by law.
Non-tolerance for discrimination and sexual harassment
While Hong Kong is a hub for international finance and trade, it is largely a homogenous society. More than 90 percent of Hong Kong’s population are ethnically Chinese[1]. The percentage of female population is 54.2 percent compared to 45.8 percent male population[2]. Records available from 2020[3] showed that around 7.1 percent of Hong Kong’s population had one or more of the following disabilities: restriction in body movement, visual impairment, auditory impairment, communication difficulty, mental illness/mood disorder, autism, learning difficulties and attention deficit/hyperactivity disorder. Certain types of disabilities may not be very obvious to commoners, but are covered by anti-discrimination laws in Hong Kong applicable to workplaces or otherwise.
Hong Kong prohibits discrimination on the grounds of sex, pregnancy, breastfeeding, marital status, disability, family status and race. The law also protects employees from sexual harassment. Not only the employer must take steps to prevent discrimination and sexual harassment, an employee’s breach of the relevant legal stipulations will result in liabilities on both the employee and the employer. It is because the employer may be vicariously liable for an employee’s action that breaches any anti-discrimination law, unless the employer can show that they have taken reasonably practicable steps to prevent the employee from doing such acts.
Anti-discrimination law carries certain limited exceptions such as:
Moreover, protection under these laws extends to workplaces where there is no employment relationship such as volunteers and interns. Racial and disability harassment of service providers by customers is also forbidden… READ FULL ARTICLE
Note: This material has been prepared for general information purposes only and is not intended to be relied upon as professional advice for any cases. Should you need further information or legal advice, please contact us.
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[1] https://www.gov.hk/en/about/abouthk/facts.htm
[2] https://statisticstimes.com/demographics/country/hong-kong-demographics.php#:~:text=The%20Sex%20Ratio%20in%20Hong,million%20more%20females%20than%20males.
[3] https://www.info.gov.hk/gia/general/202112/17/P2021121700355.htm
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