The new "468" rule for continuous employment will take effect from 18 January and is expected to benefit over 10,000 employees. The "468" rule is more lenient than the current "418" rule. The new rule stipulates that if an employee works for the same employer for four weeks, accumulating no less than 68 hours of work within those four weeks, they will be considered employed under a "continuous contract" and entitled to benefits such as paid annual leave and sickness benefit, etc.
Mr. Lam Chun-sing, Photo by Bastille Post
Mr. Lam Chun-sing, the chairman of the Federation of Hong Kong and Kowloon Labour Unions and the Legislative Council Member, stated that the revised rule can benefit more employees by lowering the threshold for working hours. Nevertheless, he also mentioned that some workmates have reported that their companies intend to reduce working hours to less than 68 hours, which is mostly the case in the food and beverage industry or club service sectors. Some workmates also reported that the same position might be employed by two different companies for the companies to evade the requirement of a continuous contract.
Mr. Lam emphasized that employers cannot unilaterally change contracts and urged employees to be aware of their rights.
Mr. Ricky Chan, the Executive Deputy Chairman of the Federation of Hong Kong Industries and one of the Employer Delegates of the Labour Advisory Board, stated that the implementation of the "468" rule under the current economic conditions will present employers with certain difficulties. He expected a greater impact would be on the industries with a large number of part-time or temporary employees, such as retail, catering, logistics and transportation, and tutoring, etc.
Mr. Ricky Chan expected a greater impact would be on the industries with a large number of part-time or temporary employees, such as retail, catering, logistics and transportation, and tutoring, etc. Photo source: reference image
Nevertheless, Mr. Chan was confident that most employers would not deliberately violate the law or engage in any behavior of "crossing the line". He believed that the "468" rule can attract more people back to the labor market and suggested that employers learn about the rule details as soon as possible and make appropriate staffing arrangements based on the economic situation.
