'Job Security and Entitlements within Hong Kong’s Maternity Protection Legislation'

Abstract

The need for special legal protection for pregnant workers has long been recognized at international law, but in domestic law the nature and application of these protections varies across jurisdictions. This paper will examine Hong Kong’s labour legislation as it pertains to pregnant workers, with particular emphasis on job-security measures and the adequacy of leave entitlements. The authors argue that current statutory provisions are a scattered compliance with Hong Kong’s international obligations, and in any event inadequate in modern conditions. Convention ratification, more flexible maternity leave, increased job security protection, source re-allocation for maternity leave pay, extension of statutory protection to part-time workers, and better promotion of anti-discrimination laws are among the recommendations suggested by the authors.