香港労働法 Hong Kong Labor Issues #61 日本人のための香港労働問題研究：雇用条例 (Employment Ordinance) VI-VII:日本語版
本稿は、資本による賃金控除に関しての翻訳であるが、労働者の側がトラブルに遭う際、どこの資本主義社会でも通用し、身を守る一つの鉄則、技術の一つは資本（正確には相手は資本の運動）が要求する署名、同意書の類などの文書を一切拒絶する事（資本の言いなりにならない事、資本に身を任せない事、資本の暴力を恐れない事）である。資本の側が合法や脱法や委託の体裁で行う常套手段である3K、つまり強要、脅迫（暴力だけではなく、訴訟、罰則などの不利益行為を行うことへの言及や暗示も脅迫の範疇である）、恐喝は全てそれ自体該当するのをはぐらかす傾向があるが、犯罪であり、その様な状況下、「説明」 下での契約（契約とは無能な学校教育やくだらないテレビ広告の企業＝資本のための洗脳とは異なり、一般の固定観念での定形を問わず同意・署名を広範に包括するのが現実）行為は全て無効である。（日本人には、ここでも日本国内の伝統的なリンチ文化と風土が価値判断に悪影響を及ぼすが、絶対的に確実な道理は、それが有効か否か、それが脅迫か否かは常に加害者、資本の側が勝手に判断するものではない）昨今常習的に資本（入れ知恵をしている労務コンサルタントや香港や日本の人事部だけでなく、NHKの様な国営放送局も）が労働問題に限らず活用しているのが、とにかく相手に署名、文書を渡させる何でも同意を取っておく手口（付随して、そうした犯罪的なやり口の卑劣な隠蔽のためのアリバイ文書作成も、それ自体脅迫、強要、恐喝、詐欺・欺瞞の産物）である。ここまでくると、反社会勢力そのものである。これは、資本にとってとにかく契約したということになり、それ自体が技術的には訴訟の根拠にできて拘束してしまう事ができる最も低コストな、最も簡単なやり口だからである。この点だけで、資本の側のコストと手間と時間に雲泥の差ができる。労働者の側は、資本への抵抗として、それ以上・以降の資本の側のゼロ利潤状態の維持（それ以上の資本の利益にならない、金にならない状況を作ること）、さらにはより高い代償と手間を資本に払わせる・煩わせる方向での行動と判断が弱者の側の正当な手段と価値観になるのを自覚するべきである。これが、団交の様な積極的な行動とは正反対の、消極的な面・形式でなされる労働者側の社会的行動である。
香港雇用条例 日本語翻訳版
【原文】
Part VI Deductions from Wages
(Format changes—E.R. 3 of 2015)
32. Restriction on deductions from wages
(1) No deductions shall be made by an employer from the wages of his employee or from any other sum due to the employee otherwise than in accordance with this Ordinance. (2) The following deductions may be made by an employer from the wages of his employee— (a) deductions for absence from work: Provided that— (i) in the case of a contract of employment under which wages are calculated on a basis of time, no such deduction shall exceed a sum proportionate to the period of time during which the employee was absent from work; (ii) no such deduction shall be made for the purpose of defraying or partly defraying the cost of holiday pay or sickness allowance which the employer has paid or may be or may become liable to pay to the employee; (Replaced 39 of 1973 s. 4) (b) deductions for damage to or loss of goods, equipment or property belonging to or in the possession or control of the employer or expressly entrusted to an employee for custody, or for loss of money for which an employee is required to account, where such damage or loss is directly attributable to his neglect or default: Provided that— (i) the total amount recoverable by deduction in any one case shall not exceed the equivalent in value of the damage or loss suffered by the employer or $300, whichever is the less; and (ii) the total of such deductions in any one wage period shall not exceed one quarter of the wages payable to the employee in respect of that wage period; (c) deductions in respect of meals supplied by the employer at the request of the employee not exceeding the cost to the employer of such meals including expenses of production and service; (d) deduction for accommodation provided by the employer for the employee or his family made in respect of the period such accommodation has been in the occupation of the employee or his family; (e) deductions for the recovery of any advance or over-payment of wages made by the employer to the employee: Provided that— (i) except with the approval in writing of the Commissioner, no such deductions shall be made by way of discount, interest or any similar charge in consideration of such advance or over-payment; and (ii) the total of such deductions in any one wage period shall not exceed one quarter of the wages payable to the employee in respect of that wage period; (f) deductions, with the written consent of an employee, for the recovery of any loan made by the employer to the employee; (g) deductions made at the request in writing of the employee in respect of contributions to be paid by him through the employer for the purpose of any medical benefit scheme, superannuation scheme, retirement scheme or thrift scheme lawfully established for the benefit of the employee or his dependants; (Amended 41 of 1990 s. 17) (ga) deductions permitted by section 15L(4); (Added 21 of 2014 s. 8) (h) deductions which are required or authorized under any enactment to be made from the wages of an employee; (i) other deductions made at the request in writing of the employee and with the approval of the Commissioner, which may be signified in respect of any particular case in writing or in general by notice in the Gazette. (3) Except with the approval in writing of the Commissioner, the total of all deductions, excluding deductions in respect of absence from work or any deduction pursuant to an attachment order made under section 20(1) of the Guardianship of Minors Ordinance (Cap. 13), section 9A(1) of the Separation and Maintenance Orders Ordinance (Cap. 16) or section 28(1) of the Matrimonial Proceedings and Property Ordinance (Cap. 192), made under this section from the wages of an employee in any one wage period shall not exceed one half of the wages payable to the employee in respect of the wage period.(Amended 69 of 1997 s. 34) (4) Nothing in this section shall be construed as preventing an employer from paying to an employee at any time before the due date the amount of wages and other remuneration proportionate to work done and adjusting any amount so paid against the total amount payable at the end of the wage period.
Part VII Sickness Allowance
(Part VII added 39 of 1973 s. 5. Format changes—E.R. 2 of 2012)
33. Sickness allowance
(1) An employee who has been employed by his employer under a continuous contract for a period of 1 month or more immediately preceding a sickness day shall be paid by his employer sickness allowance in accordance with this section and section 35. (Amended 1 of 1977 s. 2; 48 of 1984 s. 14) (2) Subject to subsection (2A), an entitlement to sickness allowance shall accrue at the rate of— (a) 2 paid sickness days for each completed month of the employee’s employment under the continuous contract with his employer during the first 12 months of such employment; and (b) 4 paid sickness days for each such month thereafter, and may be accumulated from time to time up to a maximum of 120 paid sickness days. (Replaced 57 of 1983 s. 5) (2A) In the case of an employee who has been employed by his employer under a continuous contract for a period of 1 month or more immediately preceding the commencement* of the Employment (Amendment) Ordinance 1983 (57 of 1983), the employee’s entitlement to sickness allowance shall, with effect from and without prejudice to the entitlement to sickness allowance accrued at such commencement, accrue at the rate prescribed by subsection (2) as amended by that Ordinance, and his employment for part of a month (if any) at such commencement shall be taken into account in calculating his entitlement to sickness allowance under and at the rate prescribed by that subsection. (Added 57 of 1983 s. 5) (3) Subject to subsection (3C), an employee who takes less than 4 consecutive days as sickness days shall not be entitled to be paid sickness allowance in respect thereof.(Amended 22 of 1981 s. 7) (3A) Where a female employee who is pregnant or who has given birth to a child and who is required to attend a medical examination in relation to her pregnancy or post confinement medical treatment, any day on which she is absent from work for such examination or treatment shall be a sickness day. (Added 22 of 1981 s. 7) (3B) Where a female employee suffers a miscarriage, any day on which she is absent from work by reason of such miscarriage shall be a sickness day. (Added 22 of 1981 s. 7) (3C) A female employee who has an entitlement to a sickness allowance under this section shall, notwithstanding subsection (3), be paid sickness allowance for every sickness day under subsection (3A) or (3B), and subsections (4), (4A), (5), (5A) and (7) shall apply to any such sickness day and sickness allowance in respect thereof. (Added 22 of 1981 s. 7. Amended 57 of 1983 s. 5) (4) Subject to subsections (5) and (5A), an employee who takes 4 or more consecutive days as sickness days shall be entitled to be paid sickness allowance for the total number of sickness days taken by him, but not exceeding the number of paid sickness days accumulated by him, under subsections (2) and (2A), immediately before the commencement of the sickness days taken. (Replaced 57 of 1983 s. 5) (4A) The number of sickness days in respect of which an employee has been paid sickness allowance under subsection (4) shall be deducted in accordance withsection 37(1B) from the total number of paid sickness days accumulated by him. (Added 57 of 1983 s. 5) (4B) Subject to subsection (4BAA), an employer shall not terminate a contract of employment of an employee otherwise than in accordance with section 9 on any sickness day taken by the employee in respect of which sickness allowance is payable under this section.(Replaced 7 of 2001 s. 8) (4BAAA) For the purposes of subsections (4BA)(b), (4BAAB) and (4BAAC), wages (工資) includes any sum paid by an employer in respect of— (a) a day of maternity leave, a day of paternity leave, a rest day, a sickness day, a holiday or a day of annual leave taken by the employee; (Amended 21 of 2014 s. 9) (b) a day of leave taken by the employee with the agreement of his employer; (c) a normal working day on which the employee is not provided with work; (d) a day of absence from work of the employee due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282). (Added 7 of 2007 s. 9) (4BA) An employer who contravenes subsection (4B) shall be liable to pay to the dismissed employee— (a) the sum which would have been payable if the contract had been terminated by the employer under section 7; and (b) a further sum equivalent to 7 times the daily average of the wages earned by the employee during— (i) the period of 12 months immediately before the date of termination of the contract of employment; or (ii) if the employee has been employed by the employer for a period shorter than 12 months immediately before the date of termination of the contract, the shorter period. (Replaced 7 of 2007 s. 9) (Added 103 of 1995 s. 13) (4BAAB) In calculating the daily average of the wages earned by an employee during the period of 12 months or the shorter period— (a) any period therein for which the employee was not paid his wages or full wages by reason of— (i) any maternity leave, paternity leave, rest day, sickness day, holiday or annual leave taken by the employee; (Amended 21 of 2014 s. 9) (ii) any leave taken by the employee with the agreement of his employer; (iii) his not being provided by his employer with work on any normal working day; or (iv) his absence from work due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282); and (b) any wages paid to him for the period referred to in paragraph (a), are to be disregarded. (Added 7 of 2007 s. 9) (4BAAC) For the avoidance of doubt, if the amount of the wages paid to an employee in respect of a day specified