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The Committee takes note with interest of the Government’s report received on 1 September 2009, the reply to its previous comments and the steps made to improve the application of the Convention by providing the statistics and methodological data required.
Articles 9 and 11 of the Convention. Noting with interest that the statistics required pursuant to these provisions have been regularly provided to the ILO, the Committee would be grateful if the Government keep providing them in time.
In respect of the application of Article 9, in particular, the Committee draws to the attention of the Government new standards concerning the measurement of working time, Resolution I, adopted by the 18th International Conference of Labour Statisticians whose larger number of concepts and measures would seem to be better aligned to national practice and the text of which can be found at: http://www.ilo.org/global/What_we_do/Statistics/standards/resolutions/lang--en/ docName--WCMS_112455/index.htm.
Referring also to its observation, the Committee takes note of the Government’s report and information supplied in reply to its previous comments.
The Commission notes with interest the up to date information, data and publications communicated to the ILO under Article 7 of the Convention. The Committee notes that, though the report does not contain information concerning population census data (Article 8), such data have been regularly supplied to the ILO and the last population census undertaken (2001) has been made available through the web site of the Census and Statistics Department (Article 5). Methodological information relating to population census already supplied to the ILO is published on the ILO web site (Article 6).
Article 9, paragraph 1. The Committee notes the removal of the modification with respect to this provision in the Government’s communication of March 2004.
It notes with interest, in reply to its previous request, the table containing quarterly statistics of "median employment earnings and median hours of work during the seven days before enumeration in respect of employees (including outworkers)" covering consecutive quarters (Q3/2001-Q1/2004).
The Committee would be grateful if the Government would indicate whether it is envisaged that statistics of annual (and not only quarterly) median monthly earnings and median weekly hours of work in respect of employees derived from the General Household Survey, could be regularly supplied to the ILO for publication in the relevant chapters of the Yearbook of Labour Statistics.
Article 10. The Committee takes note, in reply to its previous comments, the indication that "a notification has been forwarded to the ILO in March 2004 by the Government of the People’s Republic of China to amend the modification in respect of this Article to read as "statistics of wage structure are not compiled" rather than "distribution of workers are not compiled".
1. Tripartite consultation on statistics of occupational injuries, occupational diseases and industrial disputes. The Committee notes with satisfaction that effect has been given to its previous comments and that, in accordance with Article 3, the tripartite Labour Advisory Board (LAB) has been consulted on the application of the Convention on the collection and compilation of statistics of occupational injuries and occupational diseases (Article 14) and of industrial disputes (Article 15). The Government indicates in this regard that the representatives of employers’ and workers’ organizations on the Board are familiar with the definitions and methodology used in collecting and compiling these statistics. It adds that the Labour Department will consult the LAB if any revision entailing significant changes in the mode of compiling these statistics is to be proposed.
2. Publication and dissemination of labour statistics. The Committee notes with interest that the statistics on occupational injuries and diseases and on industrial disputes are now also disseminated on the web site of the Labour Department (http://www.labour.gov.hk/eng/public/) (Article 5).
The Committee is addressing a request directly to the Government on certain matters.
The Committee notes the Government’s report for the period ending 31 May 2001 as well as the information provided in reply to its previous comments.
Article 2. The Committee notes with interest the information provided regarding the consideration given to ILO standards in collecting and compiling the statistics on occupational injuries, occupational diseases and industrial disputes.
Article 9, paragraph 1. The Committee notes with interest the Government’s indication that statistics on median employment earnings and hours actually worked in respect of employees are separately available under the General Household Survey (GHS) and could be provided to users upon request. The Committee therefore asks the Government to ensure that the aforementioned statistics be supplied to the ILO.
Article 10. The Committee asks the Government to provide information on whether the modification has been amended, as announced in its report, in respect of this Article, to relate to "structure of earning" rather than to "distribution of workers".
Articles 14 and 15. The Committee once again asks the Government to provide detailed information on the consultations with representative organizations of workers and employers, in particular, with regard to the statistics of occupational injuries and occupational diseases, and those of industrial disputes (Article 3).
The Committee notes the Government’s first report. It notes that, according to the decision of the Government, the Convention would continue to apply to the Hong Kong Special Administrative Region with modification regarding Articles 9, 10 and 11 of the Convention, and, in pursuance of Article 17, to the exclusion of the agricultural sector. The Committee asks the Government to supply further information on the following points:
Article 3. The Committee asks the Government to provide more detailed information on the consultation with the representative organizations of employers and workers, in particular, with regard to statistics of occupational injuries and occupational diseases, and statistics of those of industrial disputes (Articles 14 and 15).
Article 9, paragraph 1. The Committee notes that, by virtue of the declared modification on this Article, statistics of average earnings are not compiled. The Committee, however, notes that statistics of "median" monthly earnings are compiled, and it draws the Government’s attention to the fact that the measure "median" fully conforms to the international guidelines, which do not require the compilation of arithmetic averages. This point, therefore, should not be considered as a limitation to the acceptance of Article 9, paragraph 1.
However, the Committee notes that the statistics of median earnings and hours actually worked derived from the General Household Survey (GHS) are compiled for all persons employed (i.e. employees and self-employed persons (employers and own-account workers)), and not separately for employees. Recalling that the requirement of this provision of the Convention is the compilation and publication of statistics of earnings and hours of work of employees, the Committee asks the Government to indicate the measures taken or envisaged to compile and publish such statistics of employees separately from the other categories of persons.
Article 10. The Committee notes that the report indicates that, as a result of the application of the Convention with modification, statistics of wage distribution were not compiled. The Committee draws the Government’s attention to the distinction between the terms "wage structure" (i.e. composition of earnings) and "wage distribution" (i.e. distribution of employees according to levels of earnings and hours of work). The Committee invites the Government to refer to the definitions and the explanations provided, in particular, in Paragraph 5 of Recommendation No. 170. It notes that statistics of wage distribution are in fact compiled from the GHS and published in Hong Kong although they are statistics on the distribution not of employees but of "employed persons". The Committee also notes that statistics on the composition (i.e. structure) of earnings of employees are not compiled. It asks the Government to indicate the measures taken or contemplated to compile and publish such statistics.
Article 11. The Committee notes that, while the reports indicate that statistics of labour cost as such are not compiled as a result of the declaration of the Government concerning the application of the Convention with modification, statistics of compensation of employees, which are available concerning Hong Kong, are accepted as a proxy to statistics of labour cost, and that their compilation is sufficient for the acceptance of Article 11. Thus, the Committee asks the Government to consider accepting the obligations of this Article.
Article 13. The Committee asks the Government of Hong Kong to transmit to the ILO the latest publication containing the methodology and results from the 1994-95 survey (in accordance with Articles 5 and 6).
Article 17. The Committee notes that the agricultural sector provides only a minimal contribution to the economy of Hong Kong. It also notes the indication in the Government’s report that the basic labour statistics compiled by the Census and Statistics Department do not cover the agricultural sector. This restriction applies to the statistics compiled under Articles 9, 10 and 11.
1. The Committee has noted the Government's first and second reports. It recalls that the Convention was declared applicable to Hong Kong with modifications, and wishes to point out the following.
Article 9(1) of the Convention. The declared modification is that statistics of average earnings are not compiled. The Committee however notes that statistics of "median" monthly earnings are compiled, and draws the Government's attention to the fact that the measure "median" fully conforms to the international guidelines, which do not require the compilation of arithmetic averages. This point, therefore, should not be considered as a limitation to the acceptance of Article 9(1). However, please refer to the question of scope raised under Article 17 below.
Article 10. It was declared as modification that statistics of wage distribution were not compiled. The Committee draws the Government's attention to the distinction between the terms "wage structure" (i.e. composition of earnings) and "wage distribution" (i.e. distribution of employees according to levels of earnings and hours of work). It notes that statistics of wage distribution are in fact compiled and published in Hong Kong, while statistics on the composition (i.e. structure) of earnings of employees are not compiled.
Article 11. Regarding the modification that statistics of labour cost are not compiled, the Committee recalls that statistics of compensation of employees, which are available concerning Hong Kong, are accepted as a proxy to statistics of labour cost and that their compilation is sufficient for the acceptance of Article 11.
2. The Committee also requests the Government to supply information on the following points.
Article 2. The Committee notes the Government's general indication to the effect that due consideration has been given to the recommendations and standards of the ILO regarding the statistics covered by the Convention. It requests the Government to indicate more specifically for each of Articles of Part II applicable to Hong Kong, whether the latest ILO standards and guidelines have been followed and the reasons for any departures from them. For example, regarding Article 7, please state whether it is intended to apply the revised classification, i.e. the International Standard Industrial Classification of All Economic Activities (ISIC-Rev.3) and the International Standard Classification of Occupations (ISCO-88).
Article 3. The Committee notes the reference in the report to the consultations with labour unions as regards the consumer price index and also to those concerning establishment surveys statistics. It requests the Government to provide more detailed information on the consultation with the representative organizations of employers and workers, in particular, with regard to statistics not referred to in the report, such as those of occupational injuries and occupational diseases, and those of industrial disputes.
Article 10. With reference to the above comment on the declared modification concerning the application of this Article, the Committee requests the Government to indicate what measures it intends to take to compile and publish statistics on the structure (composition) of earnings of employees.
Article 17. The Committee notes from the first report that the statistics covered by Article 9(1) are compiled and published regarding all persons employed and not separately for employees. Recalling that the requirement of this provision of the Convention is the compilation and publication of statistics of earnings and hours of employees, the Committee asks the Government to indicate the measures taken or envisaged to compile and publish such statistics of employees separately from the other categories of persons employed.