Interview with Sun Yuhan | Treat MIRROR equally with iron gate crushing female security guard accident: nervous about every work-related injury

In the fourth performance of the men's group MIRROR concert on January 28, a large screen fell from the sky, causing two dancers including Li Qiyan (A Mo) to be injured.

More than three weeks after the accident, the Secretary for Labour and Welfare, Sun Yuk-han, pointed out in an interview that the employment status of the concert dancers is self-employed or employed. The wording of the contract is disclosed, only to emphasize that the Labour Department will do its best to help the dancers and give opinions on the identity of the dancers as soon as possible based on the information obtained.

After the MIRROR concert accident, another work-related accident occurred in Hong Kong last week. Last Monday (15th) in Yau Ma Tei Maternal and Child Health Centre, a 43-year-old female security guard was crushed to death by an iron gate. Unlike the MIRROR concert, Sun Yuhan did not There was an on-site inspection, and there were voices criticizing that it was discriminatory treatment. In response, Sun mentioned the accident of being nervous three times: "Every work-related injury is actually a concern of the society, and we are very nervous." Sun also pointed out that the collapse of the iron gate is relatively rare. accident, the Labour Department will collect information and investigate the cause of the accident.

Interview with Sun Yuhan | The minimum wage will be changed once a year, and there will be a forecast that there will be a talent grab plan to increase manpower.

▼The Secretary of the Bureau of Labor and Welfare, Sun Yuhan, interviewed about MIRROR concert accident, labor policy and social welfare issues▼

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Dancers are self-employed or employed, and there is no final answer.

Sun Yuhan said that in the MIRROR accident, in addition to investigating in accordance with the Occupational Safety and Health Ordinance, the Labour Department is also assisting dancers to clarify whether they are self-employed or employed.

It has been more than three weeks since the accident happened, and the Labour Department is still collecting information. He explained that there is a lot of information to be obtained, including contracts, inquiries about the relationship between the dancers and the contracting companies, etc., so there is still no final answer: "What is (why?) The status of dancer) belongs to the status of self-employed employees, and today the Zhong Department is holding on to the information, and today the Zhong Department has no final answer.”

After all, the status of Qu (dancer) belongs to the status of a self-employed employee. Today, the Zhong Department has tightened the information, and today the Zhong Department has not yet had a final answer.

Secretary for Labour and Welfare Sun Yuk-han

Sun Yuk-han, Secretary for Labour and Welfare, said that the Labour Department is still collecting information to clarify whether the dancers are self-employed or employed, and there is still no "final answer".

(Photo by Liao Yanxiong)

Whether a dancer contract is an employment relationship depends on the facts: claiming self-employment does not mean self-employment

Sun Yuhan revealed that the Labour Department had already obtained the dancer's contract. When asked if the contract stated that he was self-employed, he only responded that "it may not be written," and continued that it was inconvenient to disclose the words in the contract, but emphasized: "You claim that Self-employment does not mean self-employment, it is very clear, whether you have an employment relationship or not depends on the facts.”

Sun Yuhan said that in order to separate self-employment and employment, there are many key points to be clear, including whether you have control over work arrangements, whether you need to take financial risks, and whether the tools used in work are owned by yourself or provided by others, etc. The information is obtained to clarify one by one, and legal advice will be consulted when necessary, and finally, an opinion on the identity of the dancer can be made based on the information.

Your claim that self-employment does not mean self-employment is very clear. Whether you have an employment relationship or not depends on the facts.

Secretary for Labour and Welfare Sun Yuk-han

▼The giant screen of MIRROR concert fell on the evening of July 28▼

The Labour Department will give its opinion as soon as possible. If there is any dispute, it will be decided by the court.

As for when the Labour Department will be able to make comments, he said, "I can't tell you the time." However, he promised that the Labour Department would do its best to help the dancers and would give their opinions as soon as possible.

However, he all mentioned that under the laws of Hong Kong, the role of the Labour Department is to coordinate. If there is a dispute between the two parties involved and a consensus cannot be reached, it must be referred to the court for adjudication.

The identity of an employee is the key to whether it can be protected by the Employment Compensation Ordinance, and there is a 14-day reporting period for reporting work-related injuries. However, in this incident, the identity of the dancer has yet to be clarified. Sun Yuhan also admitted that the two parties involved have not yet To be specific, only after the identity of the dancer can be found out, can the incident be handled reasonably: "Because it's really not clear that he (the dancer) came into the face."

When we collect all the information, after reviewing it, there will be an opinion, that is, watching the law, after all, he (the dancer) belongs to the next category of people.

Secretary for Labour and Welfare Sun Yuk-han

▼The first meeting of the LCSD MIRROR concert investigation working group on August 1▼

The same nervous iron gate crushed the female security guard who accidentally denied "differential treatment"

Last Monday, the Yau Ma Tei Maternal and Child Health Centre killed a female security guard at the iron gate. However, it was said that it was different from the MIRROR concert. Sun Yuhan did not come to inspect the concert. She only issued a press release to express her concern about the incident and criticized it as "differential treatment". .

In response, Sun Yuhan said: "Every work injury is actually a concern of the society, and we are very nervous." He also pointed out that the iron gate collapse accident, although the complexity is different from the accident at the MIRROR concert, is also a relatively rare accident. The department will also collect information and investigate the cause of the accident.

Every work-related injury is actually a concern of the society, and we are very nervous... Although the complexity is different from the MIRROR concert accident, it is also a relatively rare accident. The Labour Department will also collect information and investigate the cause of the accident.

Secretary for Labour and Welfare Sun Yuk-han

▼On August 15, the iron gate of Yau Ma Tei Maternal and Child Health Center collapsed▼

▼On August 16, staff from the Electrical and Mechanical Services Department and the Labour Department attended the site for investigation▼

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Carry out work to improve the safety of hanging sheds and revise the guidelines for the prevention of heat stroke

When it comes to occupational safety and health, in addition to the amendment to the occupational safety and health legislation that has yet to be passed by the Legislative Council to increase the maximum penalty, Sun Yuk-han took the initiative to mention two occupational safety and health tasks that he will do in the future. Related: "Every year, there are always a few cases where a hanger master falls from a height and loses his life... This one is my own, and I am very concerned about it, whether it's public or private."

Sun Yuhan mentioned that when he was still the Commissioner for Labour, he had learned from the industry and felt that some of the industry's habits over the years would cause safety hazards. Or at the beginning of next year, related work will be carried out to try to improve the safety of hanging sheds from the source in terms of insurance, work habits, coordination of property management and hanging shed workers, etc.

In addition, the authorities will also revise the "Risk Assessment for Prevention of Heat Stroke at Work" guidelines. In addition to introducing the Observatory's heat index, they also hope to provide clearer and objective data so that both employers and employees can adjust work arrangements based on objective data. There will be a first draft of the new guidelines in September, "Everyone sees that the summer heat is really long, so in this respect, I think it is worth doing."

▼July 26, the hot weather warning came into effect on the 12th day▼

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Female security guard crushed to death by iron gate | The government inspects similar electric gates and it takes one to two weeks to complete Yau Ma Tei Maternal and Child Health Centre. Female security guard who was crushed by iron gate died after 6 hours of rescue. Labour Department: Helping to identify the MIRROR concert | Ah Mo's father sent a prayer letter to his son to thank him for his communication skills in the So Ching MIRROR concert | Sun Yuhan: Has signed a dancer contract and has not yet announced that he is self-employed or employed Mirror concert audience is here now Watching Lin Jiaqian's concert in the Red Pavilion said that the accident did not affect the mood of watching the iron gate crushed the female security guard | Kowloon Le Shantang donated 50,000 yuan to the family to relieve the urgent iron gate crushed the female security guard│The mother of the deceased asked: No repairs for two weeks a girl to me