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[接上页] (d) except with the permission in writing of the Commissioner, the period of employment and the intervals allowed for meals and rest in accordance with this regulation shall be the same for all young persons employed in such industrial undertaking.(1A) Notwithstanding paragraph (1)(a), the total hours worked by a young person in an industrial undertaking may, by agreement between the employer and the young person concerned, exceed 8 on one or more days in any week or 48 in any week: Provided that the total hours worked by the young person in that week and the next following week do not exceed 96. (L.N. 41 of 1988) (2) For the purposes of this regulation, work shall be deemed to be continuous unless interrupted by an interval of at least half an hour. (L.N. 41 of 1988; L.N. 229 of 1997) Cap 57C reg 9 Notice fixing hours of employment Remarks: For savings and transitional provisions affecting this regulation, see section 17 of L.N. 229 of 1997 and section 15 of 7 of 2001. (1) No employer shall employ any young person in an industrial undertaking unless there is conspicuously posted up at a place which is conveniently accessible to the persons employed in the industrial undertaking a notice- (a) fixing within the limits prescribed in regulation 8 and, in the case of shift work, regulation 11, the period of employment for each day of the week for young persons employed in the industrial undertaking; (b) fixing within the limits prescribed in regulation 8 and, in the case of shift work, regulation 11, the intervals allowed for meals and rest for young persons employed in the industrial undertaking; and (c) specifying the rest day on which young persons shall not be employed in the industrial undertaking or, if the rest day is not the same for every young person so employed, specifying that fact. (L.N. 229 of 1997)(2) Different periods of employment and different intervals for meals or rest may be fixed for different days of the week. (3) No employer shall change, or cause or permit to be changed, any period of employment or interval for meals or rest fixed by notice posted up under paragraph (1), or fixed by a notice deemed, by virtue of this paragraph, to have been posted up under paragraph (1), unless, not less than 48 hours before any change of any such period of employment or any such interval for meals or rest is to come into operation, he has served on the Commissioner a notice in writing of intention to make such change and has posted up, in the manner prescribed by paragraph (1), a notice in the form specified for the purposes of that paragraph, which shall, in addition to specifying the new period of employment or new interval for meals or rest, or both, as the case may be, and the other matters required by paragraph (1), specify the date on which such change is to commence, and, upon the coming into operation of such change, the notice posted up in accordance with this paragraph shall be deemed to have been posted up under paragraph (1): Provided that no such change shall, in any event, be made more often than once in every 3 months, unless for special cause allowed in writing by the Commissioner. (L.N. 407 of 1992) (4) A copy signed by the employer or by his duly authorized agent of any notice posted up under paragraph (1) shall be sent not later than the day of posting up to the Commissioner. (5) No young person shall be employed otherwise than in accordance with the period of employment fixed in a notice posted up under paragraph (1). (L.N. 229 of 1997) (6) Any document purporting to be a copy of a notice posted up under paragraph (1) and purporting to be signed by the employer or his duly authorized agent shall be admitted in evidence in proceedings before any court on its production by a public officer without further proof, and- (a) until the contrary is proved, the court before which such document is produced shall presume- (i) that the document is a true copy of a notice posted up under paragraph (1); and (ii) that the document is signed by the employer or his duly authorized agent; and(b) the document shall be conclusive evidence of- (i) the period of employment fixed by the employer for young persons in the industrial undertaking; (ii) the intervals allowed to such young persons for meals or rest fixed by the employer; (iii) the rest day of such young persons. (L.N. 229 of 1997) Cap 57C reg 10 (Repealed L.N. 229 of 1997) Cap 57C reg 11 Employment on shift work (1) Where in any industrial undertaking young persons of or over the age of 16 are employed on a scheme of shift work, the provisions of regulation 8(1)(b)(ii) may, subject to this regulation and to the prior approval in writing of such scheme by the Commissioner, be read as though 11 p.m. were substituted for 7 p.m. (L.N. 41 of 1988) (2) No employer shall employ any young person of or over the age of 16 in an industrial undertaking on any scheme of shift work involving work between 7 p.m. and 11 p.m., unless the following conditions are complied with- (L.N. 229 of 1997) |