WOMEN AND YOUNG PERSONS (INDUSTRY) REGULATIONS

WOMEN AND YOUNG PERSONS (INDUSTRY) REGULATIONS

WOMEN AND YOUNG PERSONS (INDUSTRY) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation...............................
Page
1. Citation .............................C 2
2. Interpretation .......................C 2

3. Application ..........................C 2
4. Employment in underground work .......C 3
5. Employment of women and young persons under 16 in dangerous trades C 3
6. Carrying of weights by women and young persons C 3
7. Facilities for resting ...............C 4
8. General conditions as to hours of employment of women and young persons C 4
9. Notice fixing hours of employment ....C 4
10.......................................Overtime employment of women C 6
11.......................................Employment on shift work C 8

12...............[Repealed] .......................................................................................... C 8

13.......................................Prohibition of work during meal or rest intervals C 8
14.......................................Rest days C 8
15.......................................Rest day not to be changed without permission of Commissioner C 9
16.......................................Register of women and young persons employed in industrial undertaking C 10
17.......................................Form of notices and registers C10
18.......................................Penalty for contravention of regulation 4 or 5 C 10
19.......................................Penalty for contravention of regulation 8(1), 9, 10, 11(2), 13, 14, 15 or 16 C 11
20.......................................Penalty for contravention of regulation 7 C 11

21. Penalty for contravention......of regulation 6
........................................................ C 11





WOMEN AND YOUNG PERSONS (INDUSTRY) REGULATION
(Cap. 57, section 73)
[1 July 19801

L.N. 86/80 L.N. 387182, L.N. 41188,24 of 1988

Citation

1. These regulations may be cited as the Women and Young Persons

(Industry) Regulations.

Interpretation

2. In these regulations, unless the context otherwise requires-

'employer' includes a proprietor;

'industrial undertaking' has the meaning assigned to it in the Factories and

Industrial Undertakings Ordinance (Cap. 59);

'period of employment' means the period (inclusive of the time allowed for

meals and rest) within which persons may be employed on any day;

,.proprietor' has the meaning assigned to it in the Factories and Industrial

Undertakings Ordinance;

'rest day' means a day of the week on which, under regulation 14(1), a woman

or young person shall not be employed in any industrial undertaking;

'week' means the period between midnight on Saturday night and midnight on

the succeeding Saturday night.,

'woman' means a woman who has attained the age of 18 years;

'working hours' 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' has a corresponding meaning.

Application

3. (1) These regulations shall not apply to women and 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. 387182)

(2) Part IV of the Ordinance does not apply in relation to women or young
persons to whom these regulations apply. (L.N. 387182)

(3) A woman or 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 woman or 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.

Employment in underground work

4. No person shall employ any woman or young person on underground work
in any mine or quarry, or in any other industrial undertaking involving a tunnelling
operation.

Employment of women and young persons under 16 in
dangerous trades

5. (1) Except with the written permission of the Commissioner, no person shall
employ any female person of whatever age or any male young person under 16
years of age in any dangerous trade.

(2) In paragraph (1), 'dangerous trade- has the meaning assigned to it in the
Factories and Industrial Undertakings Ordinance (Cap. 59).

Carrying of weights by women and young persons

6. No woman or 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 woman or 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.





Facilities for resting

7. In any industrial undertaking in which women or 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 women and 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.

General conditions as to hours of employment of women
and young persons

8. (1) Subject to these regulations, no employer shall employ any woman or
young person in any industrial undertaking unless the working hours, the period of
employment and the intervals for meals and rest for such woman or 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. 411881

(ii) in the case of a young person, not exceed 10 hours in any day and
shall neither begin earlier than 7 a.m. nor end later than 7 p.m.; and

(iii) in the case of a woman, not exceed 10 hours in any day and shall
neither begin earlier than 6 a.m. nor end later than 11 p.m.;

(c)no woman or 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 women and young persons
employed in such industrial undertaking.

(1A) Notwithstanding paragraph (1)(a), the total hours worked by a woman or
young person in an industrial undertaking may, by agreement between the employer
and the woman or 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 woman or young person in that
week and the next following week do not exceed 96. (L.N. 41188)

(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. 41188)

Notice fixing hours of employment

9. (1) No employer shall employ any woman or 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
women and 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 women and
young persons employed in the industrial undertaking; and

(c)specifying the rest day on which women and young persons shall not be
employed in the industrial undertaking or, if the rest day is not the same
for every woman or young person so employed, specifying that fact.

(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 prescribed 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 (I):

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.

(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) Subject to the provisions of these regulations with respect to overtime, no
woman or young person shall be employed otherwise than in accordance with the
period of employment fixed in a notice posted up under paragraph (1).

(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 women and
young persons in the industrial. undertaking;

(ii) the intervals allowed to such women and young persons for meals
or rest fixed by the employer;

(iii) the rest day of such women and young persons.

Overtime employment of women

10. (1) Notwithstanding the provisions of these regulations relating to hours of
work and periods of employment, women may be employed overtime in any
industrial undertaking in accordance with this regulation.

(2) The overtime employment of women for the industrial undertaking shall not
exceed in the aggregate, calculated in accordance with paragraph (1 (11)(b), 200
hours in any year or 2 hours in any day. (L.N. 41188)

(3) The overtime employment of a woman shall be subject to the following
conditions

(a)the total hours worked by the woman shall not exceed 10 in any day; and

(b)the period of employment for the woman shall not exceed 12 hours in any
day and shall not extend outside the hours specified for women in
regulation 8 for the beginning and ending of the period of employment.
(L.N. 41188)

(4) Before employing in any industrial undertaking any woman in overtime on
any day, the employer shall

(a)cause a notice containing particulars of the hours of work and the
intervals for meals or rest applicable to those women to be employed
overtime to be posted up and kept conspicuously posted up at a place
conveniently accessible to such women in the industrial undertaking until
completion of such overtime; and

(b)if any part of the overtime to be worked will be in excess of the working
hours specified in regulation 8(1)(a) or agreed under regulation 8(1A),
deliver to reach the Commissioner and enter into a register, in the
appropriate prescribed form, to be kept by the employer for such purpose,
particulars of such overtime employment including particulars of any
interval for a meal or rest allowed under paragraph (5). (L.N. 41188)

(5) Where in any industrial undertaking an employer allows any women who are
to be employed overtime on any day an interval for a meal or rest in addition to any
interval fixed for the day by a notice posted up under regulation 9 he may employ
during that interval any women who are not to be employed overtime on that day,
but save as aforesaid the provisions of these regulations relating to continuous
employment and intervals for meals or rest shall apply to overtime employment in
like manner as they apply to other employment.





(6) If the Commissioner is satisfied that overtime employment in any industrial
undertaking of women, in accordance with this regulation, in any process will
prejudicially affect the health of such women, or any class of them, he may by notice
in writing served upon the employer either prohibit the overtime employment in that
process of such women, or such class of them, or make such further restrictions as
to the amount of such overtime employment or otherwise as he thinks fit.

(7) Where the Commissioner is satisfied that work in any class or description of
industrial undertaking is subject to seasonal or other special pressure, he may by
order published in the Gazette as respects any class or description of industrial
undertaking

(a)increase for women, employed in any specified process, during any period
of such pressure, the hours of work and the period of employment allowed
in a day under this regulation; but the increase shall only take place in
such number of weeks, not exceeding 8 in any year, as may be specified in
the order;

(b)increase the hours of overtime employment allowed for an industrial
undertaking under this regulation in a year to an aggregate not exceeding
350 hours.

(8) The Commissioner may authorize in writing the increase of the aggregate
number of hours of overtime employment allowed for an industrial undertaking
under this regulation if he is satisfied that the increase is necessary by reason of
unforeseen pressure of work due to sudden orders, or by reason of a breakdown of
machinery or plant or other unforeseen emergency.

(9) For the purposes of this regulation, the employment of women in different
parts of any industrial undertaking or the employment of different sets of women in
different processes may, where the employer has served notice in writing on the
Commissioner of his wish to have such employment so treated and subject to such
conditions as may be imposed by the Commissioner by notice in writing served on
the employer, be treated, for the purpose of reckoning hours of overtime
employment, as if it were employment in different undertakings. (L.N. 41188)

(10) Where an employer of women in an industrial undertaking has served
notice in writing on the Commissioner that the provisions of this regulation limiting
overtime employment by reference to the industrial undertaking are unreasonable or
inappropriate, such employer may, in lieu of complying with the said provisions,
comply with such conditions limiting overtime employment by reference to the
individual woman as may be imposed by the Commissioner by notice in writing
served on the employer. (L.N. 41188)

(I0A) Notwithstanding paragraph (10) no woman may be employed overtime in
an industrial undertaking for more than 200 hours in any year or 2 hours in any day.
(L.N. 41188)

(IOB) Where the Commissioner is satisfied that any condition referred to in a
notice in writing served by him on an employer under paragraph (9) or (10) has not
been complied with, he may by further notice in writing served on the employer
require the hours of overtime employment allowed for the industrial





undertaking under this regulation to be reckoned during the year in which such non-
compliance occurs by reference to the individual undertaking, as if the method of
reckoning overtime employment permitted by paragraph (9) or (10), as the case may
be, had not been adopted during any part of that year. (L.N. 41188)

(11) For the purposes of this regulation-

(a)the expression 'overtime employment' means, in relation to any woman,
any period during which that woman is at work in the industrial
undertaking outside the period of employment fixed for the day for that
woman by a notice under regulation 9;

(b)in reckoning the aggregate hours of overtime employment, account shall
be taken only of any period during which any woman is employed in that
industrial undertaking beyond the maximum hours prescribed in regulation
8(1)(a) or agreed under regulation 8(1A). (L.N. 41188)

Employment on shift work

11. (1) Wherein 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.
41188)

(2) No employer shall employ any woman or young person of or over the age of
16 in an industrial undertaking on any scheme of shift work involving work between,
in the case of such young person, 7 p.m. or, in the case of such woman, 8 p.m. and
11 p.m., unless the following conditions are complied with

(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. 41188]

12. [Repealed, L.N. 411881

Prohibition of work during meal or rest intervals

13. No employer shall require or permit a woman or young person to work in an
industrial undertaking during any part of an interval allowed to such woman or
young person for a meal or rest under regulation 8.

Rest days

14. (1) Subject to regulation 15 and notwithstanding anything contained in
these regulations, no employer shall employ in an industrial undertaking any
woman or 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 woman or 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 woman or 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)(e); 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 woman or
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.

Rest day not to he changed without permission of
Commissioner

15. (1) No employer shall change, or cause or permit to be changed, the rest day
of a woman or 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 woman or 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 woman or 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.





Register of women and young persons employed in industrial
undertaking

16. (1) Every employer of women or young persons in an industrial undertaking
shall maintain or cause to be maintained therein a register in accordance with this
regulation:

Provided that the Commissioner may exempt any such employer from keeping
the whole or part of such a register if all women and young persons employed in the
industrial undertaking rest on the same day.

(2) The register shall in respect of every woman or young person employed in
the industrial undertaking

(a) specify his or her name; (L.N. 41188)

(b)specify the number of his or her identity card, if any, issued under the
Registration of Persons Ordinance (Cap. 177);

(c) specify his or her date of birth;

(d) [Repealed, L.N. 41188]

(e)specify the date on which he or she first commenced to work in the
industrial undertaking;

specify the period of employment of the woman or 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 woman or young
person as fixed by the notice posted up under regulation 9(1);

(h) specify his or her rest day; and

(i)specify the nature of his or her employment, the section or part of the
industrial undertaking in which he or she is employed and (where
applicable) the shift on which he or she is required to work, (L.N. 41188)

and shall also specify such particulars as may be prescribed under regulation 17,
being particulars required in order to assist the Commissioner to ascertain whether
or not the provisions of regulation 8, 9, 10, 11 or 14 are being or have been complied
with.

(3) At the request of any woman or young person employed in an industrial
undertaking, the employer shall produce for inspection by that woman or young
person the entry in the register specifying his or her rest day.

Form of notices and registers

17. For the purposes of regulations 9, 10, 15 and 16, the Commissioner may
prescribe by notification in the Gazette the form in which notices must be posted
up, given or served or registers kept.

Penalty for contravention of regulation 4 or 5

18. Any person who contravenes regulation 4 or 5 commits an offence and is
liable to a fine of $20,000.

(24 of 1988, s. 5)





Penalty for contravention of regulation 8(1), 9, 10, 11(2),
13, 14, 15 or 16

19. The employer of women or young persons in an industrial under-
taking-

(a) who contravenes regulation 15 or 16; or

(b)in respect of which regulation 8(1), 9, 10, 11(2), 13 or 14 is con-
travened,

commits an offence and is liable to a fine of $10,000.
(24 of 1988, s. 5)

Penalty for contravention of regulation 7

20. The employer of women or young persons in an industrial under-
taking who contravenes regulation 7 commits an offence and is liable to a fine
of $5,000.
(L.N. 41188; 24 of 1988, s. 5)

Penalty for contravention of regulation 6

21. The employer of women or 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 of
$5,000.
(24 of 1988, s. 5)

https://oelawhk.lib.hku.hk/items/show/2325

1964

v6

57

11