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[接上页] "training body" (培训机构) means a body specified in Schedule 2; "training provider" (附属培训机构) means a body or person appointed under section 4; (Added 102 of 1994 s. 2) "visa" (签证) means a visa issued under section 61 of the Immigration Ordinance (Cap 115); "vocational skills" (职业技能) means any skills leading or related to employment. (Added 102 of 1994 s. 2) (Enacted 1992. Amended 102 of 1994 s. 2; 5 of 1997 s. 3) Cap 423 s 3 Establishment of the Board Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 PART II ESTABLISHMENT OF THE EMPLOYEES RETRAINING BOARD (1) There is established a body corporate, to be called the Employees Retraining Board, which shall have such powers and functions as are conferred and imposed on it under this Ordinance. (2) The Board shall- (a) consist of- (i) a Chairman; (ii) a Vice-Chairman; (iii) not more than 4 other members not being public officers who, in the opinion of the Chief Executive, represent employers; (iv) not more than 4 other members not being public officers who, in the opinion of the Chief Executive, represent employees; and (v) not more than 4 other members not being public officers who, in the opinion of the Chief Executive, include persons who are connected with vocational training and retraining or manpower planning, who shall be appointed by the Chief Executive for a term not exceeding 3 years; and(b) consist of not more than 3 other members being public officers each of whom shall be appointed by the Chief Executive and hold office at the discretion of the Chief Executive. (Amended 56 of 2000 s. 3)(3) The members of the Board appointed under subsection (2) shall be the governing body of the Board and shall, in the name of the Board, exercise and perform the powers and functions conferred and imposed on the Board under this Ordinance. (4) Schedule 1 shall have effect as respects the Board and the members thereof. (5) Notice of any appointment made under this section shall be published in the Gazette. (Enacted 1992) Cap 423 s 4 Functions of the Board The functions of the Board are- (a) to hold the Fund upon trust to administer the Fund in accordance with the objects of this Ordinance; (b) to receive the levy imposed on employers and remitted by the Director; (c) to consider the provision, administration and availability of retraining courses and supplementary retraining programmes intended or designed for the benefit of eligible employees in adjusting to changes in the employment market by acquiring new or enhanced vocational skills; (Amended 5 of 1997 s. 4) (d) to identify particular occupations or classes of occupation that have high vacancy rates and in respect of which eligible employees may secure employment or re-employment by attending retraining courses or supplementary retraining programmes as trainees to acquire new or enhanced vocational skills; (Amended 5 of 1997 s. 4) (e) to liaise with training bodies, other related organizations and Government departments with respect to the design, administration and availability of retraining courses and supplementary retraining programmes; (f) to determine the requirements to be satisfied by eligible employees for the purposes of applying to attend retraining courses or supplementary retraining programmes and receive retraining allowances, and the amount of retraining allowances to be paid to those eligible employees as trainees; (Amended 5 of 1997 s. 4) (g) to pay retraining allowances to trainees; (h) to engage the services of training bodies for the purpose of providing or conducting retraining courses; (i) to defray the costs of the provision of retraining courses and supplementary retraining programmes; (j) to perform such other functions as are imposed on the Board under this Ordinance; and (k) to appoint, by notice in the Gazette, a training provider whose function is to provide training or retraining under a supplementary retraining programme. (Added 102 of 1994 s. 5) (Enacted 1992. Amended 102 of 1994 s. 5) Cap 423 s 5 General powers of the Board (1) The Board may do such things as are expedient for or conducive to the attainment of its functions or which, in the opinion of the Board, are necessary to facilitate the proper carrying out of the functions of the Board. (2) Without restricting the generality of subsection (1) the Board may- (a) hold, acquire or take on lease movable and immovable property and sell, let or otherwise dispose of or deal with such property; (b) appoint such employees as it may determine on such terms and conditions of service as the Board thinks fit including the payment of allowances, benefits, gratuities, pensions and remuneration; (c) make or provide ex gratia payments in respect of any employee of the Board or to the personal representative of a deceased employee of the Board; (d) engage the services of such technical and professional advisers as the Board thinks fit including the determination of all matters relating to their remuneration and terms and conditions of engagement; |