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Other comments on C094

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Further to its previous direct request, the Committee notes with interest that the Fair Labour Standards Ordinance (No. 16 of 1988) as amended by the Fair Labour Standards (Amendment) Ordinance (No. 10 of 1990), section 18 and the Second Schedule ensures the inclusion of labour clauses as required by Article 2 of the Convention in the public employment contracts including those covered by Article 1, paragraph 1(c)(ii) and (iii).

The Committee, however, notes that the above Ordinance does not apply to a casual worker (section 3(1)(d)) who is defined as "a worker whose employment is irregular, or short duration and sporadic" (section 2). It would point out that the Convention does not provide for the exclusion of categories of workers other than those covered by Article 1, paragraph 5 (i.e. managers, technical, professional or scientific personnel who do not ordinarily perform manual work). The Committee requests the Government to supply information on measures taken or envisaged to give effect to the Convention in relation to the casual workers.

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