Views on the Minimum Wage Ordinance
The Hong Kong Social Workers’ Association is pleased about the passing of the Minimum Wage Ordinance (MWO) by the Legislative Council, which would help the life of the needy. Our Association considers that Persons with Disabilities (PWD) should not be discriminated after the enactment of MWO so that they could enjoy a stable life with dignity. We understand that the PWD could initiate and apply for work-based assessment that could only be performed by listed and approved assessors. The result of assessment would then determine the wage level. As such, our Association has the comments on some particular areas regarding implementation of MWO. These are:
(1) Awareness of PWD regarding their choice
Briefing and detail information to PWD and their families is very much needed so as to ensure that they are fully aware of their rights, procedure and consequences in the application of assessment. The Labour Department should play a more active if not leading role to facilitate this to happen.
(2) Reliability of Assessment Tool
The Association considers that there must be an assessment tool commonly used by all approved assessors in order to uphold the reliability of the assessment. Such assessment tool must be worked among stakeholders including personnel from vocational rehabilitation sector and the employers. A grace period should be provided before the assessment tool is finalized for use.
(3) Professional Indemnity
It is anticipated that the assessment would be conducted by qualified individuals and our Association considers that the issue of assessors’ professional indemnity should be carefully considered. As the result of the assessment is critical and final to determine the wage level, it carries significant impact towards both the PWD and employer. It is hence important to protect the neutrality and sense of fairness of the individual assessor. It is suggested that such assessment might be conducted by approved assessor, in the capacity of relevant non-governmental organizations (NGOs) so that the individual assessor would not be pressurized or become personally liable.
(4) Potential Lack of Qualified Assessors
We agree that Registered Social Workers (RSW) working or with relevant years of experience in the vocational rehabilitation (VR) sector can become approved assessor. We estimate that the number of this group of RSW will only be around 100 to 200. We also agree that Occupational Therapists, Physiotherapists and Workshop Instructors in the VR sector and those with similar experiences, could also become approved assessors. Otherwise, the total number of assessors might not be enough to meet the heavy demand on assessment especially in the start of the assessment arrangement.
The Association considers that in order to protect persons with disabilities to lead a dignified life, the Government should provide wage subsidy to support them if they are assessed to receive a salary lower than the Statutory Minimum Wage Level.