香港政府即將修訂《雇傭條例》下長期以來的連續性合約要求。我們將在本文闡述此舉將如何改變香港的雇傭關係。

現行法律框架

根據《雇傭條例》的當前規定，受雇於同一雇主連續工作4星期或以上而每星期最少工作18小時的雇員會被視為根據「連續性合約」受雇 – 通常稱為「418」要求。《雇傭條例》附表一規定了這些小時數的計算方法
，包括可能計入工作小時門檻的特定缺勤時間。

根據「連續性合約」受雇的雇員可享有《雇傭條例》下的權益及福利，如法定假日薪酬
、有薪年假、疾病津貼、產假/侍產假、遣散費及長期服務金等。

擬議修訂

勞工顧問委員會最近達成了共識，「418」要求將被修改和放寬。根據擬議修訂
，在連續4星期內受雇於同一雇主且工作總共68小時或以上的雇員會被視為根據「連續性合約」受雇。

擬議修訂尚未生效。立法程序正在進行中，修訂草案將會提交立法會審議。

對雇主和雇員來說意味著什麼?

從「418」要求到「468」要求的擬議轉變將增強保障工時較短或聘用期較短的雇員的權利和福利
，如兼職員工、散工及替工。在實施擬議修訂後
，預計更多的雇員將有資格享有上述《雇傭條例》下的福利。

雇主應開始評估即將生效的「468」要求下的法律、運yun營ying和he財cai務wu影ying響xiang
，並bing審shen閱yue或huo調tiao整zheng其qi勞lao動dong力li結jie構gou和he雇gu傭yong合he約yue以yi確que保bao合he規gui性xing。此ci外wai，雇gu主zhu還hai應ying仔zai細xi保bao持chi準zhun確que的de雇gu傭yong記ji錄lu，因yin為wei這zhe些xie記ji錄lu對dui於yu履lv行xing法fa定ding義yi務wu和he促cu進jin「468」要求下的擴展福利範圍至關重要。

本篇文章僅是對有關題目提供的一般概述
，並非旨在成為可依賴的專業意見。請聯係我們獲取進一步的具體法律意見。

Continuous Contract Requirement under the Employment Ordinance: The Shift from “418” to “468”

The Hong Kong Government is set to amend the longstanding continuous contract requirement under the Employment Ordinance (the “EO”). In this article, we are going to illustrate how this move will alter the landscape of employment relations in Hong Kong. 

Current Legal Framework 

Under the current provisions of the EO, employees who are employed by the same employer for four or more consecutive weeks and have worked for at least 18 hours a week are regarded as being employed under a “continuous contract” – commonly known as the “418” requirement. The First Schedule of the EO governs the computation of these hours, including specific absences that may count towards the work hour threshold.

Employees who are employed under a “continuous contract” are entitled to various rights and benefits under the EO, such as statutory holiday pay, paid annual leave, sickness allowance, maternity/paternity leave, severance payment and long service payments, etc. 

Proposed Amendments 

The Labour Advisory Board recently reached a consensus that the “418” requirement will be modified and relaxed. Pursuant to the proposed amendments, employees who are employed by and work for the same employer for an aggregate of 68 hours or more in four consecutive weeks will be regarded as being employed under a “continuous contract” of employment. 

The proposed amendments are not yet effective. The legislative process is underway, and an Amendment Bill will be introduced into the Legislative Council for scrutiny. 

What it means for Employers and Employees?

The proposed shift from the “418” requirement to the “468” requirement will provide enhanced protection of the rights and benefits of employees with shorter working hours or shorter employment period such as part-time employees, casual workers and substitute workers. It is anticipated that a larger pool of employees will become eligible for the EO benefits listed above upon the implementation of the proposed amendments. 

Employers should start assessing the legal, operational and financial implications under the “468” requirement which will come into effect and review or adjust their workforce structures and employment contracts to ensure compliance. Moreover, employers should also carefully maintain accurate employment records, as these are essential for fulfilling statutory obligations and facilitating the extended benefits coverage under the “468” requirement.

This material has been prepared for general informational purposes only and is not intended to be relied upon as professional advice. Please contact us for specific advice.