Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 13

Discrimination against contract workers

(Past version on 30/06/1997).

(1) This section applies to any work for a person ("the principal")
which is available for doing by individuals ("contract workers") who are
employed not by the principal himself but by a contractor or sub-contractor of
the principal. (Amended 29 of 2008 s. 92)

(2) It is unlawful for the principal, in relation to work to which this
section applies, to discriminate against a woman who is a contract  worker-

   (a)  in the terms on which he allows her to do that work;

   (b)  by not allowing her to do it or continue to do it;

   (c)  in the way he affords her access to any benefits, facilities or
        services or by refusing or deliberately omitting to afford her access
        to them; or

   (d)  by subjecting her to any other detriment.

(3) The principal does not contravene subsection (2)(b) by doing any act in
relation to a woman at a time when if the work were to be done by a person
taken into his employment being a man would be a genuine 
occupational qualification for the job.

(4) Subsection (2)(c) shall not apply to benefits, facilities or services of
any description if the principal is concerned with the provision (for payment
or not) of benefits, facilities or services of that description to the public,
or to a section of the public to which the woman belongs, unless that
provision differs in a material respect from the provision of the benefits,
facilities or services by the principal to his contract workers.

(5) In this section-

"contractor" (承判商) means a person who undertakes any work for the 
principal under a contract that is entered into by the person directly with
the principal;

"sub-contractor" (次承判商) means a person who enters into a contract with
another person (whether or not a contractor of the principal) to undertake all
or any part of the work that a contractor of the principal has undertaken.
(Added 29 of 2008 s. 92) (Enacted 1995)

"contractor" (承判商)

"sub-contractor" (次承判商)