Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Articles 1 and 2 of the Convention. Implementation of an active employment policy and employment measures. The Committee welcomes the detailed information provided by the Government about its employment policy and employment measures, including statistic data, disaggregated by sex, age, and economic sector, on the labour force, employment, unemployment (including long-term unemployment) and underemployment. The Committee also notes the information provided by the Government that the labour market situation in the HKSAR had gradually improved in the period 2021–23 after the COVID-pandemic. In this context, the Committee notes that the seasonally adjusted unemployment rate had steadily decreased from 7.2 per cent in December 2020 to 4 per cent in 2021 and stood respectively at 3.3 per cent in 2022, 2.8 (2.9) per cent in 2023 and 2.9 (3.0) per cent in the first quarter of 2024. Regarding underemployment rate, the Committee notes that it decreased from 3.9 per cent in December 2020 to 1.7 per cent in the fourth quarter of 2021 and stood respectively at 1.5 per cent in 2022 and at 1 per cent in 2023 and in the first quarter of 2024. With regard to labour force, the Committee notes the increase after the COVID-pandemic, and it stood at 57 per cent in the first quarter of 2024. The Committee also notes the statistical information, disaggregated by economic sector, according to which the highest number of employed persons is in the public administration, social and personal services (1,140,900), followed by financing, insurance, real estate, professional and business services (847,800); retail, accommodation, and food services (532,000) and construction (350,500). In this context, the Government states that the construction industry continues to be a critical driver of economic development in the HKSAR, employing approximately 10 per cent of the total employed population. Furthermore, the Committee notes the information related to the intention of the Government to expand the HKSAR’s economic capacity with a focus on the development of a more dynamic and diversified economy to generate a greater number of high-quality employment opportunities in the labour market. In this regard, the Government indicates its intention to develop a “headquarters economy” and to attract quality enterprises to establish their headquarters and/ or corporate divisions in the HKSAR. For this purpose, the Government informs about the establishment in 2022 of an Office for Attracting Strategic Enterprises. As of May 2024, the Office has engaged more than 200 enterprises, of which around 30 have already landed or expanded in the HKSAR or are about to do it in the near future. In this context, the Government indicates its expectations these companies to invest over 30 billion Hong Kong dollars (approximately US$3.5 billion) in the HKSAR and respectively, to create more than 10,000 job opportunities. In this context, the Committee notes the information related to development projects, among which the Government highlights the development of the Northern Metropolis which serves as an important base for promoting the development of innovation and technology industries. The Government indicates that it expects this project to ultimately evolve into a metropolitan area with an estimated residential population of 2.5 million offering approximately 500,000 job opportunities. Furthermore, with regard to the Working Family Allowance (WFA) Scheme (put in place during the previous reporting period and formerly named as the Low-income Working Family Allowance (LIFA), the Committee notes the detailed information about the rates of the allowances, the number of approved applicants and the amount of funds allocated to the WFA. In this regard, the Government informs that from May 2016, when the Government introduced the LIFA Scheme, to 31 May 2024, around 781 000 applications were approved with allowances exceeding 11.436 billion Hong Kong dollars (approximately US$1.5 billion) disbursed. As at end-May 2024, there have been around 51 000 active households (involving over 171,000 persons) under the WFA Scheme. The Government further informs that the annual payout of WFA increased by over 160 per cent from around 650 million Hong Kong dollars (approximately US$8.2 million) in 2017–18 to 1.713 billion Hong Kong dollars (approximately US$219 million) in 2023–24, which indicates that working families’ awareness of the WFA Scheme has significantly increased. 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 also requests the Government to continue to provide up-to-date information about the application of the WFA Scheme.

Education and training policies. The Committee notes the updated information related to the Government’s education and training policies, including vocational training, and retraining of employees. In this regard, the Government informs that in the 2022–23 academic year the Vocational Training Council (VTC) provided about 40,000 study places in its post-secondary three and six level programmes. In addition, the Government refers to the activities of the Construction Industry Council (CIC) which is competent to train local construction personnel, and to enhance promotional and publicity activities to attract especially young people to the industry. The Committee notes that from June 2021 to May 2024 the CIC has trained over 60,000 constructions workers annually through its full-time and part-time training courses and collaborative training schemes for skilled workers. In this regard, the Government provides information related to (i) the launch of a “multi-skilled” training programme in January 2024; (ii) the launch of the “Certificate in Construction and Safety Practice” course in November 2023 to address the growing demand for construction safety officers; (iii) the attained Qualifications Framework accreditation for various courses, providing systematic on-the-job training and education ladder for trainees; (iv) provided career education and career support services for the ethnic minorities (EM) students to enhance their adaptability and soft skills at workplaces; (v) the active collaboration with the industry to enhance training, promotion and recruitment to attract more new entrants and job changers, including female, to join the construction industry; (vi) the CIC’s assistance of graduates from full-time courses in securing job placement and the Committee notes that according to the information in the report in 2023 about 85 per cent of the trainees were successfully placed upon graduation. The Committee further notes the information related to the elements in the CIC’s courses, including “Smart Site Safety System”, “Building Information Modelling”, “Modular Integrated Construction” method and robotic application. In addition, the Government informs about the training programmes at Higher Diploma, Diploma and Certificate levels, offered by the Clothing Industry Training Authority (CITA) to more than 4 600 fashion practitioners each year from 2021 to 2023. The Government further refers to the Future skills programmes and activities, offered by the Hong Kong Productivity Council (HKPC)’s HKPC Academy to equip employees, students, and teachers with digital and personal skills. In this regard, the Committee notes that, according to the provided information, the HKPC Academy has organised from June 2021 to May 2024 more than 2 800 Future Skills related training programmes and activities, attended by more than 100 000 participants. In addition, the Government indicates the number of local education institutions at different levels. With regard to the activities of the Task Force on Vocational Professional Education and Training (VPET), established in 2014 by the Government, the Committee notes that the provided information covers activities from 2014 to 2020 and is not relevant to the reporting period. In this context, the Committee notes that the Government does not provide information in response to its previous comments related to the recommendations of the VPET Task Force and their impact on the improvement and uptake of VPET services. Lastly, the Committee notes the absence of information in the Government’s report on concrete examples related to the participation of social partners in the formulation and implementation, monitoring and review of employment policies and programmes. The Committee therefore reiterates the request to 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 Committee also reiterates the request to the 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 provides detailed information about the activities of the employment services of the Government’s Labour Department (LD). In this regard, the Government informs that during the review period, the LD has received 3,360,597 private sector job vacancies (1,120,199 job vacancies per year on average) and has secured a total of 477,090 placements (159,030 placements per year on average). In addition, the Government refers to the average yearly figures which represented a decrease of 3.8 per cent and an increase of 18.2 per cent respectively over the corresponding period in 2017 to 2021. The Government also informs that the LD have organized large-scale thematic job fairs, including suitable for ethnic minorities (EM), middle-aged and mature persons. In addition, the Government refers to the services provided by the LD in the context of the increased demand of different sectors for manpower since 2023 and the job matching services at the district level for the industries concerned. The LD has also implemented the Work Trial Scheme (WTS), providing job seekers with difficulties in finding jobs with full-time/ part-time work trial opportunities and one-year on -the-job training (OJT) to assist them in mastering job skills and gaining work experiences. Furthermore, the Government informs about employment support services provided by non-governmental organisations during the COVID-pandemic when many workers have faced emotional distress due to different employment situations. According to the provided information, as of March 2024, there were more than 400 work integrated social enterprises listed in the Hong Kong Council of Social Service’s Social Enterprise Directory, which provided job opportunities for vulnerable groups, including women and persons with disabilities. In this context, the Government informs that in 2023–24, over 4,000 companies and organisations were recognised for adoption of employee caring policies, offering 8,000 employment and work experience opportunities to vulnerable groups. The Committee notes however the absence of information in the report in response to its previous comments. The Committee therefore reiterates its request to the Government 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. In addition, the Committee reiterates its request to the Government to provide information on the activities of private employment agencies and their collaboration with the public employment services to achieve the optimal operation of the labour market and contribute to the objective of full, productive, and freely chosen employment.

Young persons. The Government provided information related to measures taken to facilitate the entry of the young persons on the labour market. In this regard, the Committee notes that the LD has assisted the young persons through the Youth Employment and Training Programme (YETP) and the project “Career Kick-start”. The Committee notes that, from 2020–21 to 2022–23, 4,989 trainees attended pre-employment training and 4,460 trainees were placed into OJT vacancies of various trades and industries. The Government refers to the results of the surveys conducted for trainees in the period 2020–23 which showed that around 60 per cent to 70 per cent of the trainees were in employment at the time of the survey. The Committee also notes the information about the activities of the two Youth Employment Resource Centres (YERCs) under the LD. The YERCs have provided during the reported period one-stop, personalised advisory and support services on employment and self-employment to young people aged between 15 and 29 and from 2021–23 the number of services rendered to young persons was 164,264. In addition, in 2021 the Government launched the pilot Greater Bay Area Youth Employment Scheme (GBAYES) and had implemented it encouraging enterprises with businesses in both the HKSAR and since March 2023 it had implemented it in the Mainland cities of the Guangdong-Hong Kong-Macao Greater Bay Area (GBA). The GBAYES aims to promote employment of eligible Hong Kong young people with bachelor’s degrees or higher ones by enterprises participating in the GBAYES. The Government informs that in accordance with the GBAYES the laws of Hong Kong apply to the labour relations and the minimum monthly salary should be at least 18,000 Hong Kong dollars (approximately US$2,304). In return, the Government provides the enterprises with a monthly allowance of 10,000 Hong Kong dollars (approximately US$1,285) for each young person employed up to 18 months. The pilot Scheme and the 2023 Scheme recorded 1,091 and 718 job offers for young people respectively. The Government informs that it maintained liaison with stakeholders to collect and consider their views, and actively explored appropriate measures to enhance the Scheme. The Committee also notes the information related to a wide range of courses targeting non-employed young persons between 15 and 24 within the framework of the ERB’s Youth Training Programme. 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. The Committee also requests the Government to provide updated information about the implementation of the Greater Bay Area Youth Employment Scheme.

Other vulnerable groups. The Committee further notes the information related to amendments in 2020 and 2021 to Anti-discrimination ordinances aiming to enhance the protection against discrimination and harassment, including in the employment field. The Government indicates that these anti-discrimination ordinances prohibit discrimination against an employee on the grounds of sex, marital status, pregnancy, breastfeeding, disability, family status, and race in the terms and conditions of employment, including promotion, transfer or training, even where there is no employment or employment-like relationship between them. In addition, in the context of its commitment to fostering a harmonious, inclusive, and caring society, the Government provides information about the Equal Opportunities Commission (EOC), which is competent to implement the antidiscrimination ordinances, to promote the message of equal opportunities, inclusiveness and anti-discrimination through public education and publicity. The EOC has developed Codes of practice to address discrimination in employment and provide practical guidelines to management on procedures and practices for preventing discrimination and other unlawful acts in the workplace. Furthermore, 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.

Women. With respect to women’s employment, the Committee notes the information related to the possibility of part-time jobs releasing time for taking care of families or other commitments. For this purpose, the Government has informed us that the LD has set up a dedicated webpage on part-time vacancies on its Interactive Employment Service website and organized part-time job fairs. The Committee further notes the Government has partially responded to its previous comments related to 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.

Elderly and Middle-aged (EPEM). The Government informs that the LD has implemented the Employment Programme for the Elderly and Middle-aged (EPEM) to encourage employers to hire persons aged 40 or above (including women) for full-time or part-time employment and provide them with OJT through the provision of OJT allowance. Under EPEM, employers engaging job seekers aged 60 or above who were unemployed or had left the workforce could receive a maximum OJT allowance of 5,000 Hong Kong dollars (approximately US$642) per month per employee for six to 12 months. For those engaging unemployed job seekers aged 40 to 59, the maximum OJT allowance was 4,000 Hong Kong dollars (approximately US$514) per month per employee for three to six months. The Committee notes that 10,436 placements eligible for joining EPEM were recorded during the review period.

Ethnic minorities. With regard to the activities of the LD, the Government informs that the LD provides services related to the employment needs of ethnic minorities (EM). Starting in 2023, the LD employed more EM as employment assistants and general assistants to help strengthen the promotion and provision of employment services and related support to the EM communities. To further enhance employment support for EM job seekers, the LD launched the Racial Diversity Employment Programme in November 2020 and regularised the Programme in November 2023. Non-governmental organizations (NGOs) were commissioned to provide EM job seekers with one-stop employment services under a case management approach. The Government informs that the LD discussed suitable job vacancies and organized large-scale and district-based inclusive job fairs targeting EM job seekers to enhance their employment opportunities. During the review period, the LD organized six inclusive large-scale and 36 district-based job fairs.

Persons with disabilities. The Committee notes that in the context of the anti-discrimination and equal opportunities, the Government refers to measures promoting employment of persons with disabilities by the Labour and Welfare Bureau. In this regard, the Government informs about (i) the Talent-Wise Employment Charter and Inclusive Organisations Recognition Scheme with more than 680 participating organizations; (ii) personalized employment services provided by the Government’s LD like Work Orientation and Placement Scheme and Self Help Integrated Placement Services; (iii) comprehensive vocational rehabilitation/training/ employment support services provided by the Social Welfare Department of the Government; (iv) workshops; (v) employment training supported by non-governmental organizations; (vi) Supported Employment “On the Job Training Programme for People with Disabilities” and “Sunnyway – On the Job Training Programme for Young People with Disabilities”, (vii) training programmes and services provided by the Employees Retraining Board to enhance the employability of vulnerable groups.

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 reiterates its request to 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. The Committee also requests the Government to provide statistical data on the labour market situation of vulnerable groups in the public and private sectors, disaggregated by sex, age, economic sector and occupation.