A construction workers union has demanded that the government enact legislation enabling self-employed workers to obtain insurance to protect them while on the job.

The Hong Kong Construction Industry Employees General Union has revealed that self-employed construction workers are responsible for arranging their own insurance. However, because they work in what are considered to be high risk jobs, they encounter difficulties when trying to acquire insurance.

Legislator Wong Kowk-hing Wednesday criticized the administration for what he called shrugging off its responsibility to safeguard workers' rights.

He pointed out that self-employed workers are vulnerable because of loopholes in law, and their families are not indemnified if they meet with sudden death on the job.

Jimmy Poon, deputy chairman of General Insurance Council of the Hong Kong Federation of Insurers, confirmed that self-employed individuals cannot be covered by employee insurance because of their employment status as sole proprietors.

The current Employment Ordinance and the Employees' Compensation Ordinance protect only employers.

The ordinances stipulate that an employer is liable to pay compensation in respect of injuries to his employees as a result of an accident arising from employment and in the course of employment.

The cost of insurance to employers who are able to cover staff is enormous.

According to 2010 premium benchmark rates of the high risk groups, the prices are between 4 percent of payroll for neon light signboard installation workers and 77 percent for workers employed in demolition work.

"Insurance policies are tied to the law. If the protection extends to self-employed people, we will follow through," Poon said.

He added that self-employed people can buy personal accident insurance instead.

Although the Construction Industry Council, the industry's self-regulating body, issued Guidelines on Measures for Protection of Workers' Wages in August 2010, requiring contractors to insure all self-employed workers are covered, the measure has not been put into place, with some private companies saying they are not legally bound, Chow said.

A Labour Department spokesman said Wednesday that the relationship between the parties is in essence one of employer-employee.

Thus, the employer still must fulfill his obligations under the labor legislation, but it is up to the courts to resolve disputes that may arise, the spokesman said.

The number of construction deaths in the city was 22 in 2009 , compared with 26 in 2008, 24 in 2007 and 18 in 2006, according to the Labour Department and the Construction Industry Council.

Chow Luen-kiu, chairman of the employee union, said more than 60 percent of 275,000 registered members are aged 50 and above, and they are at greater risk than white-collar workers as they are exposed to various health hazards that may result in injury or even death.

Of eight cases handled by the union in 2011, three received no compensation because they died suddenly at work.

As a result, the union proposed to render sudden deaths during work eligible for compensation.

The union also urged the Labour Department to increase surprise inspections in construction sites.

The department does make unannounced visits to all occupation venues, the spokesman said, to ensure employers comply with legislation such as to provide a safe working environment.

China Daily

(HK Edition 04/28/2011 page1)