Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Employment Policy Convention, 1964 (No. 122) - Hong Kong Special Administrative Region (Ratification: 1997)

Articles 1 and 2 of the Convention. Employment trends and implementation of an active employment policy.. The Committee welcomes the detailed information provided by the Government in its report, including statistics disaggregated by sex, age and economic sector, on the labour force, employment, unemployment (including long-term unemployment) and underemployment. In particular, it notes that the unemployment rate, which had steadily decreased from 2016 to 2018, stood at 2.8 per cent in 2018, but rose to 6.8 per cent in the first quarter of 2021, a decline that the Government attributes to the 2019 economic recession and subsequently to the impact of the COVID-19 pandemic. The Government notes that total employment shrank by 4.9 per cent in 2020 compared with 2019, with the labour force declining by 2.0 per cent, both being the largest annual declines on record. The Committee notes the information provided by the Government on the profound impact of the COVID-19 pandemic on the labour market. The Government refers to various measures implemented to stabilise the labour market and to provide relief to sectors and individuals hard-hit by the pandemic. In this context, the Committee notes that, since March 2021, the labour market situation in the HKSAR has improved. From March to May 2021, the seasonally adjusted unemployment rate fell to 6.0 per cent, and the underemployment rate stood at 3.8 per cent. In this context, the Committee notes with interes the series of active labour market measures implemented by the Government during the reporting period, including the adoption of long-term social and economic development plans in specific sectors (construction and public infrastructures) and measures taken to improve the employment services offered by the Labour Department (LD), such as the organization of large-scale thematic or district-based job fairs and industry-based recruitment centres. The Government further indicates that measures have been taken to ensure that there is work for all who are available for and seeking work, through ensuring the matching of labour supply and demand and encouraging self-reliance through employment. The Government indicates that it has put in place a Working Family Allowance (WFA) Scheme to support lower-income working households who are not on Comprehensive Social Security Assistance (CSSA) and have long working hours. The WFA Scheme provides allowances at different levels to encourage self-reliance. It also provides a Child Allowance to each eligible child and youth in the household to help alleviate inter-generational poverty. With regard to workers from outside the HKSAR, the Government indicates that, in general, immigrant workers enjoy the same protection under labour legislation as local workers. Migrant domestic workers and other migrant workers mediated from abroad are also protected by a standard employment contract and enjoy free access to all employment services, including free employment consultation and conciliation services. With respect to vocational education and training, the Government indicates that the Vocational Training Council (VTC) provides quality vocational and professional education and training to school leavers and working adults to assist them in acquiring knowledge and skills, encourage lifelong learning and enhance their employability. The VTC also provides comprehensive pre-employment and in-service programmes with internationally recognized qualifications for some 200 000 students every year. The Committee notes that in the 2019–2020 academic year, the VTC provided some 46 000 study places in its post-secondary programmes. The Government also indicates that the Task Force on the Promotion of Vocational Education has been rebranded as Vocational Professional Education and Training (VPET). The Task Force conducted public consultations from May to July 2019 and submitted its report to the Government in January 2020. The report made 18 recommendations, focusing on four areas: enhancing the promotion of VPET in secondary education; enhancing the promotion of VPET in higher education; developing vocational progression pathways; and strengthening future promotion efforts. The Government again refers to the establishment of the Steering Committee on the Promotion of VPET and Qualifications Framework in September 2020, which aims to strengthen coordination of the overall VPET promotion strategy and foster closer industry partnership in this respect. In addition, the Government refers to the activities of the Hong Kong Productivity Council, the Clothing Industry Training Authority (CITA) and the Construction Industry Council (CIC), which provide sector-specific training to persons who wish to work in these sectors. For example, the Committee notes that the Construction Industry Council (CIC) provides training to people who wish to join the construction industry at the operative, craftsman, technician and supervisory levels, thereby meeting the workforce demand of the industry. The Committee notes that from 2017 to 2020, the CIC has trained some 70,000 construction workers annually through its full-time and part-time training courses and collaborative training schemes. The Committee nevertheless notes that the Government does not provide any information on the participation of social partners in the formulation and implementation, monitoring and review of employment policies and programmes. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age and economic sector, on the nature, scope and impact of the measures taken to promote full, productive and freely chosen employment. The Committee further requests the Government to indicate the manner in which the recommendations of the VPET Task Force are taken into consideration and their impact on the improvement and uptake of VPET services. The Government is further requested to provide concrete examples of the manner in which the opinions and experiences of the social partners are taken into account in the development, implementation, monitoring and review of employment policy measures and programmes.

Employment services. The Government indicates that the Labour Department (LD) provides an array of free and comprehensive employment services and liaises with employers in various industries to canvass job vacancies for job seekers with different educational backgrounds and working experiences. The LD also organises job fairs in different locations to expedite the dissemination of employment information. The Government also refers to the Committee on Employment Services under the Labour Advisory Board (LAB), which is comprised of representatives of employers and employees and is responsible for offering advice on the Labour Department’s (LD) employment services. The Committee notes that large-scale thematic job fairs have been organised with the aim of extending the reach of the employment services offered by the LD, including for ethnic minorities, middle-aged and mature job seekers. During the review period, the LD received 4,657,145 job vacancies (1,164,286 job vacancies per year on average) and secured a total of 538 266 placements (134,567 placements per year on average). The Committee invites the Government to continue to provide detailed updated information, including statistical data disaggregated by age, sex and economic sector, on the nature and scope of the activities of the public employment service, as well as on their impact. In addition, it requests the Government to provide information on the activities of private employment agencies and their collaboration with the public employment services in order to achieve the optimal operation of the labour market and contribute to the objective of full, productive and freely chosen employment.

Young persons. The Committee notes the information provided by the Government on measures taken to create job opportunities for young graduates in specific sectors (including the green industry, the innovation and technology industry, the property management industry, the creative industries and the legal profession). The Government also refers to other measures and programmes aimed at young people, including: training allowances and workplace attachment allowances; One-stop Youth Employment Resource Centres providing comprehensive support for young people in career development; the Technology Leaders of Tomorrow development programme for youth; the Employees Retraining Board (ERB); the Youth Training Programme (YTP); and the Youth Employment and Training Programme (YETP). The Government indicates that the YTEP provides comprehensive training and employment support to young school leavers aged 15 to 24 with educational attainment at a sub-degree level or below. The Committee notes that, from 2016-2017 to 2019-2020, 8,092 YETP trainees attended pre-employment training and 8,336 trainees were placed into on-the-job training vacancies in various trades and industries. In addition, 1,659 trainees found employment in the open market with the assistance of their case managers. The Committee further notes that, as of 31 May 2021, over 5,600 trainees (aged between 15 and 24) have completed their training under the YTP and 85 per cent of the graduates have either found employment or pursued further studies. The Government also refers to student funds and subsidized education programmes for youth which promote further education and lifelong learning. The Committee notes that, as of 31 May 2021, over 10,000 courses were approved as reimbursable under the Continuing Education Fund and over 870,000 applications for fee reimbursement were received.The Committee requests the Government to continue to provide detailed, up-to-date information, including statistical data disaggregated by age and sex, on the nature and scope of measures taken to promote access to lasting employment for young persons, and the impact of the measures taken.

Other groups vulnerable to decent work deficits. The Government reports that the Labour Department (LD) implements various employment programmes for job seekers who have special needs or face difficulties in accessing employment, such as women, young people, middle-aged and older job seekers, ethnic minorities and persons with disabilities. The Committee notes the specific measures taken by the LD to address the employment needs of ethnic minorities (special counters, resource corners, employment briefings and programmes such as the Employment Services Ambassador Programme for Ethnic Minorities). The LD launched a pilot scheme in September 2020 to encourage persons aged 60 or above who have participated in the LD Employment Programme for the Middle-aged (EPM) to undergo and complete on-the-job training through the provision of a retention allowance. The Government also refers to employment support services provided by the Social Welfare Department (SWD) to assist recipients of social security assistance to secure employment, as well as to training and retraining programmes/services provided by the Employees Retraining Board (ERB) to enhance the employability of groups in vulnerable situations. In respect of persons with disabilities, the Government provides information in relation to general and personalised measures taken to promote labour participation and employment of persons with disabilities, in particular through the promotion of the Talent-Wise Employment Charter and Inclusive Organizations Recognition Scheme (Charter Scheme). The Charter Scheme was initially introduced in 2013 to encourage public and private sectors to promote the employment of persons with disabilities through their participation in the Scheme. The Committee notes that, due to the promotional activities of the Labour and Welfare Bureau (LWB), as of 31 May 2021, more than 640 organizations had joined the Charter Scheme. In addition, it notes that various personalised employment services for persons with disabilities were provided by the LD, including the Work Orientation and Placement Scheme, the Self Help Integrated Placement Service, counselling services, retention allowances, comprehensive vocational rehabilitation, training and employment support services. The Government further refers to services provided by the SWD to support the employment of persons with disabilities, such as sheltered workshops and integrated vocational rehabilitation and training services and supported employment, including through the “Enhancing Employment of People with Disabilities through Small Enterprise” Project, the “On-the-Job Training Programme for People with Disabilities, the “Sunnyway – On-the-Job Training Programme for Young People with Disabilities” and the “Support Programme for Employees with Disabilities”. The Government is also providing financial support to non-governmental organizations (NGOs) establishing small enterprises/businesses that employ persons with disabilities through the “Enhancing the Employment of Persons with Disabilities through Small Enterprise” Project. With respect to women's employment, the Committee notes that the overall participation rate of women in the labour market is lower than that of men (54.3 per cent for women, compared to 66.2 per cent for men as of 2021). This gap in the labour participation rate was particularly large during this period for the 30-39 age group (95.1 per cent for men and 78.8 per cent for women) and the 40-49 age group (93.6 per cent for men and 73.2 per cent for women). The Committee requests the Government to continue to provide detailed updated information on the nature and scope of the different measures taken to promote equal access to productive and freely chosen employment for groups in vulnerable situations, particularly ethnic minorities and persons with disabilities. It further requests the Government to provide information on measures taken to increase the participation of women in the labour market, including in managerial and decision-making positions in both the public and private sectors.