Law on working hours in Hong Kong long overdue

Regulating working hours by law is never easy. After two years of study, a government committee has finally proposed a way forward. Instead of introducing a cap across the board, individual companies can work out the standard working hours with their staff. Employers are only required by law to spell out in contract the details, including whether workers will be compensated for working overtime.

The consensus is a step forward. Two years ago, business representatives on the committee still argued against the need for legislation. The recommendation is no doubt a compromise. While it requires employers to address the issue of working hours, it also gives them a free hand to work out suitable arrangements with staff.

Understandably, the proposal does not go far enough from the perspective of trade unions. By leaving the details to contractual agreement, employees are put in a disadvantaged position as they lack bargaining power. The proposal, indeed, could legitimise long working hours and contradicts the original intention, the unionists argue.

Working nine to 10 hours a day is not unusual in Hong Kong. But the hours do vary, depending on the job and the rank. Some professions have such irregular work patterns that what seems normal to the industry may appear unusual in the eyes of others. It is therefore difficult to impose standard working hours for all without regard to the nature of the job or rank of employee.

What is important, though, is that there will be legislation to spell out the dos and don'ts. Under the proposal, bosses should specify in the employment contract the normal working hours and the calculation for compensation, if any, for staff working overtime. Other details like penalties for non-compliance and the right for employees not to work overtime should also be considered.

Unlike the minimum wage law, which seeks to protect low-income earners with a statutory pay floor, a law on standard working hours affects the entire labour force. Given the complexity and the impact, the recommended approach appears to have struck a balance between business flexibility and labour protection. According to the committee's survey, a quarter of the workforce puts in 51 hours or more a week, a level described as "relatively long". There can be no dispute that the working conditions in Hong Kong are still less than ideal. Concerted efforts are needed to make further improvements.