香港労働法 Hong Kong Labor Issues #63 日本人のための香港労働問題研究：雇用条例 (Employment Ordinance) IX-XI:日本語版
Updated: Dec 29, 2021
労働者に必須の価値観・思考の転換：本論では、請負業者における中抜きの搾取と費用圧縮の連鎖に不可避的に伴う、雇用主責任の所在の問題（派遣労働・請負労働の法制化云々とは何も関係なくそれ自体として香港でも存在するが、生存権という社会人の最重要の観点から直接雇用があくまで労働問題防止の為の最低ライン及び企業の指標なのを強調する）に関する雇用条例の部分を翻訳する。
「下請けの下請けの下請けの下請け......」 というのは、中抜きの連鎖であり最後の下請け先（一企業グループ内かは問わない）に具体的な工事と中抜きされた後の工事やプロジェクトの費用が託される（当然品質や好条件は期待できない）。雇用条例は既得権集団のために時代に遥かに遅れをとっているが、中抜きの連鎖は何も、土木工事、建設業だけではなく、広く広告、メディアなど他業種にもそのまま広範に存在している縦の社会的な重層的搾取、非正規雇用を再生産する連鎖と構図である。これを単に派遣労働という単一のミクロな視点で断片的に捉えるべきではない。文字通り全体の脈絡（ここでは連鎖）で捉えるべきである。（断片ではなく、個別の件の全体の脈絡で捉える）
香港雇用条例 日本語翻訳版
【原文】
Part IX Ancillary Provisions relating to Sickness Allowance and Holidays and Annual Leave with Pay
(Part IX added 39 of 1973 s. 5. Format changes—E.R. 3 of 2015) (Amended 53 of 1977 s. 4)
42.
(Repealed 7 of 2007 s. 15)
43. Payment of holiday pay, etc. in event of bankruptcy, etc.
For the purposes of section 38 of the Bankruptcy Ordinance (Cap. 6) and section 265 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), any holiday pay, annual leave pay, end of year payment or any proportion thereof, maternity leave pay, paternity leave pay or sickness allowance to which an employee is entitled shall, whenever the employee became or becomes entitled thereto, be deemed to be wages in respect of services rendered during the relevant period prescribed in the said section 38 or the said section 265or in section 79 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), as the case may be. (Amended 53 of 1977 s. 6; 22 of 1981 s. 10; 48 of 1984 s. 21; 28 of 2012 ss. 912 & 920; 21 of 2014 s. 14)
Part IXA Liability to Pay Wages of Sub-contractor’s and Nominated Sub-contractor’s Employees
(Part IXA added 54 of 1977 s. 2. Format changes—E.R. 3 of 2017)
Interpretation and application 43A. Interpretation
(1) In this Part, unless the context otherwise requires— building works (建築工程) means the construction, site formation, reconstruction, maintenance (including redecoration and external cleaning), repairs, alteration or demolition of the whole or any part of— (a) any building, dock, pier, bridge, viaduct or other structure; or (b) any harbour or port works, reclamation, road, tunnel, sewer, drain, well or waterworks, and any installation works in respect of such building works; main nominated sub-contractor (主要指定次承判商) means a nominated sub-contractor who enters into a contract, express or implied, directly with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform; nominated sub-contractor (指定次承判商) means— (a) any person— (i) who enters into a contract, express or implied, with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform; or (ii) who enters into a contract, express or implied, to perform all or any part of the work which a person referred to in sub-paragraph (i) has contracted to perform, who is nominated by an owner or occupier of property, or by an agent or authorized architect, surveyor or civil, municipal or structural engineer of such owner or occupier; and (b) any person who subsequently enters into a contract, express or implied, to perform all or any part of the work agreed to be performed by a nominated sub-contractor within the meaning of paragraph (a) of this definition; principal contractor (總承判商) means a person who enters into a contract directly with an owner or occupier of property, or with an agent or authorized architect, surveyor or civil, municipal or structural engineer of such owner or occupier, to perform any work for such owner or occupier; sub-contractor (次承判商) means— (a) any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform; and (b) any other person who enters into a contract, express or implied, to perform all or any part of the work which a sub-contractor within the meaning of paragraph (a) has contracted to perform, but does not include a nominated sub-contractor; work (工作) means— (a) building works; and (b) the supply of manual labour for the purposes of or in connection with building works. (2) For the purposes of this Part— (a) a sub-contractor is a superior sub-contractor to another sub-contractor if all or any part of the work which he contracted to perform is sub-contracted to that other sub-contractor, whether or not such work is performed by that other sub-contractor or further sub-contracted by that other sub-contractor; (b) a nominated sub-contractor is a superior nominated sub-contractor to another nominated sub-contractor if all or any part of the work which he contracted to perform is sub-contracted to that other nominated sub-contractor, whether or not such work is performed by that other nominated sub-contractor or further sub-contracted by that other nominated sub-contractor.
43B. Application
This Part shall not apply to wages for any work for which a contract was entered into by a principal contractor, nominated sub-contractor or sub-contractor prior to the commencement* of the Employment (Amendment) (No. 4) Ordinance 1977 (54 of 1977).
Editorial Note: * Commencement date: 1 November 1977
Sub-contractor’s employees’ wages 43C. Liability of principal contractor and superior sub-contractor to pay wages of employees of sub-contractors
(1) Subject to this Part, if any wages become due to an employee who is employed by a sub-contractor on any work which the sub-contractor has contracted to perform, and such wages are not paid within the period specified in section 23, 24 or 25, as the case may be, such wages shall be payable to the employee— (a) where the sub-contractor has contracted with the principal contractor, by the principal contractor; and (b) where the sub-contractor has contracted with a superior sub-contractor, by the principal contractor and every superior sub-contractor to the sub-contractor, jointly and severally. (2) The liability of a principal contractor and of a principal contractor and superior sub-contractor or superior sub-contractors jointly and severally under subsection (1) shall be limited— (a) to the wages of an employee whose employment relates wholly to the work which the principal contractor has contracted to perform and whose place of employment is wholly on the site of the building works; and (b) to the wages due to such an employee for 2 months without any deductions under this Ordinance and such months shall be the first 2 months of the period in respect of which the wages are due to the employee. (3) Subject to subsection (4) the wages payable under subsection (1) shall be paid by the principal contractor or superior sub-contractor, as the case may be, not later than 30 days after the date on which a notice under section 43D is received by him or service thereof is deemed to be effected on him. (4) Where any claim in respect of the wages payable under subsection (1) is filed with the Minor Employment Claims Adjudication Board or Labour Tribunal and an award or order is made in favour of the employee, the wages shall be paid within such time as the Minor Employment Claims Adjudication Board or Labour Tribunal may direct, or, in the absence of any direction, not later than 30 days after the making of the award or order. (Amended 61 of 1994 s. 53)
43D. Notice by employee to principal cont