Hong Kong Ordinances

FAMILY STATUS DISCRIMINATION ORDINANCE - SECT 9

Discrimination against contract workers

(Past version on 21/11/1997).

(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. 104)

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

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

   (b)  by not allowing the contract worker to do it or continue to do it;

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

   (d)  by subjecting the contract worker to any other detriment.

(3) 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 contract worker 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.

(4) Subsection (2)(a) shall not apply to any term under which a principal
affords, or omits to afford, any immediate family member of a contract worker
direct or indirect access to benefits, facilities or services. (Added 40 of
2000 s. 3)

(5) Subsection (2)(c) or (d) shall not apply to any arrangement under which a
principal affords, or omits to afford, any immediate family  member of a
contract worker direct or indirect access to benefits, facilities or services.
(Added 40 of 2000 s. 3)

(6) 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. 104)

"contractor" (承判商)

"sub-contractor" (次承判商)