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 From Hong Kong's Information Services Department
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July 20, 2003
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Industrial safety
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Construction workers get proper insurance coverage

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Bona fide employees at construction sites will now get proper insurance coverage for injuries sustained at work after the industry worked out a satisfactory measure.

 

Thomas Kwok, Chairman of the Working Group on Construction Site Safety & Employees' Compensation Insurance set up by the Provisional Construction Industry Coordination Board, described the move.

 

The industry's primary concern has always been the welfare of construction workers, particularly those who have registered as 'self-employed persons' under the Mandatory Provident Fund Scheme but who are, for all intent and purposes, employees, he said.

 

"In recognition of this problem, the insurers of the Hong Kong Federation of Insurers have agreed to consider all relevant aspects of an employment relationship in determining whether or not a worker is to be regarded as employee, rather than relying solely on his or her status under the MPF Scheme," he said.

 

"This understanding is now enshrined in the revised Code of Best Practice for Employees' Compensation Insurers," Mr Kwok said, adding that this was achieved by the joint efforts made by the board, the Hong Kong Federation of Industries, the Labour Department and the Hong Kong Construction Association.

 

The Labour Department has also promulgated to the insurers a set of factors commonly adopted by the Court in determining the employment status of a worker such as undertaking of financial risks, responsibility for investment and management, overall control of work, existence of profit elements, possession of tools and equipment, as well as the power to hire and fire other workers.

 

Mr Kwok said these measures, coupled with increased awareness on the part of contractors to maintain accurate wage and attendance records, should help to reduce unnecessary disputes and enable bona fide employees to obtain statutory compensation without lengthy court proceedings.