Cap 527 s 9 Discrimination against contract workers (Family Status Discrimination Ordinance)

Contents of Section

Chapter:	527	Title:	Family Status Discrimination Ordinance	Gazette Number:	L.N. 222 of 2008
Section:	9	Heading:	Discrimination against contract workers	Version Date:	03/10/2008

(1) This section applies to any work for a person ("the principal") which is available for doing by individuals ("contract workers") who are employed not by the principal himself but by a contractor or sub-contractor of the principal. (Amended 29 of 2008 s. 104)
(2) It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker who has family status-

(a) in the terms on which he allows the contract worker to do that work;

(b) by not allowing the contract worker to do it or continue to do it;

(c) in the way he affords the contact worker access to any benefits, facilities or services or by refusing or deliberately omitting to afford the contract worker access to them; or

(d) by subjecting the contract worker to any other detriment.

(3) Subsection (2)(c) shall not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the contract worker belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his contract workers.
(4) Subsection (2)(a) shall not apply to any term under which a principal affords, or omits to afford, any immediate family member of a contract worker direct or indirect access to benefits, facilities or services. (Added 40 of 2000 s. 3)
(5) Subsection (2)(c) or (d) shall not apply to any arrangement under which a principal affords, or omits to afford, any immediate family member of a contract worker direct or indirect access to benefits, facilities or services. (Added 40 of 2000 s. 3)
(6) In this section-
"contractor" (承判商) means a person who undertakes any work for the principal under a contract that is entered into by the person directly with the principal;
"sub-contractor" (次承判商) means a person who enters into a contract with another person (whether or not a contractor of the principal) to undertake all or any part of the work that a contractor of the principal has undertaken. (Added 29 of 2008 s. 104)