Hot Topics: Star Ferry captain death sparks discussion on 25-day work roster, need for employee consent

Early this month, a 47-year-old Hong Kong captain died after he collapsed on the lower deck of a Star Ferry. His wife has appealed for public help after the tragedy left behind two children and exposed what some trade unionists said was an “unbelievable” work roster.

Police said the captain, surnamed Chung, was found on the vessel at around 5am. He lost consciousness on his way to Queen Elizabeth Hospital and died on arrival. An autopsy will be carried out to establish the cause of death. The police added that the case had been classified as an industrial accident and that the investigation continued.

Li Yun-keung, treasurer of the Star Ferry Company Limited Workers Union, told the Post that the captain was on an overnight shift.

Following a 30-day roster, captains worked 10 days of morning shifts, 10 days of afternoon ones, five consecutive night shifts and then had five days off, Li said.

In usual practice, overnight shift captains sailed until 11.30pm at the latest and then worked on ferry maintenance at their own pace before taking a break, when they could nap for instance, until 5am, he added.

Li said he doubted Chung’s death was caused by overwork. He highlighted that the staffing roster had been in force for decades and that crew had become used to it.

But Chung’s wife said he had grumbled about the increase in tourists since the border with mainland China had reopened, which he said had increased his workload and led to not having enough staff. His wife is in her 40s and did not give her full name. According to the widow, the deceased had been on duty for 23 consecutive days.

Fay Siu Sin-man, the chief executive of the Association for the Rights of Industrial Accident Victims, said the death had uncovered an “unbelievable” roster for captains.

Siu criticised the working arrangements, accusing employers of not catering to the welfare of staff. “Workers cannot get recharged after consecutive work days,” she said.

Staff writer

Question prompts:

• What is the work roster of a ferry captain like? Why do you think Fay Siu Sin-man described it as “unbelievable”?

• According to Chung’s wife, what recent changes had caused the deceased’s workload to increase?

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Question prompts:

• Using Table and Glossary, explain how the work schedule of Star Ferry captains compares to that of bus drivers and Sun Ferry captains.

• Apart from health reasons, what are other risks of having transport workers on duty for long shifts without sufficient rest?

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• All roster arrangements have to secure consent of workers before being implemented, says Secretary for Labour and Welfare

• One labour rights advocate argues workers usually lack power to dispute unfavourable roster arrangements

Hong Kong authorities have reminded Star Ferry to secure workers’ consent before implementing rosters that prevent crew from having at least one day off per week, according to the city’s labour minister.

The remarks from Secretary for Labour and Welfare Chris Sun Yuk-han followed concerns over working conditions under the ferry service operator after the boat captain’s death.

Currently, workers at Star Ferry have a 25-day shift roster that is followed by five days off. The company has said staff agreed to the arrangement and that they hoped to continue the practice. However, critics have argued the roster system was a significant departure from the intended meaning of the Employment Ordinance.

Sun said employers should generally give workers one full day off each week, but acknowledged there was room for flexibility if both sides agreed.

“[All roster] arrangements have to secure the consent of workers before being implemented. We have to appreciate that there are some sectors where they adopt certain rosters that are not commonly seen. So, employers and employees are allowed to negotiate,” he said.

The minister stressed that the “key principle” was that any flexible roster system proposed by employers must have the consent of their staff.

But Fay Siu Sin-man, of the Association for the Rights of Industrial Accident Victims, who is helping the captain’s family, argued: “The question is not whether the law allows this, but if such a roster is reasonable.

“Someone seems to have died from overwork. Chris Sun should look at the law again and see if it needs to be improved rather than just saying the law allows flexibility.”

The labour rights advocate added that workers usually lacked the bargaining power to dispute unfavourable roster arrangements. “If they are asked to work 25 days in a row before taking five days off, I can imagine most of them may accept it for fear they could lose their jobs if they do not agree,” Siu said.

Staff writer

Question prompts:

• List TWO other jobs that may require employees to take up flexible work rosters. Use your own knowledge to explain your answers.

• What could the government do to ensure that employees on flexible work rosters get sufficient rest?

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• Critics say Star Ferry rosters are too stressful, but other workers’ representatives and company say staff are happy with shift patterns

• Employment law expert says 25-day duty rosters are legal when two 24-hour rest windows are given, as well as regular scheduled days off

Questions have been raised about the legality of the 25-day work roster that has been in force at Star Ferry for decades though there is no evidence to suggest a link between the work schedule and a captain’s death.

Professor Rick Glofcheski, an expert in labour and employment law at the University of Hong Kong, said that statutory rest days “must be one unbroken period of 24 hours in each seven-day period” and can be negotiated on a regular basis. But he said “an employee may agree voluntarily to work on a statutory rest day” by mutual agreement with the employer. He added that an employer may substitute another rest day for a statutory rest day.

The roster that the captain was on included a 24-hour window between each change of shift. This counts as a statutory rest day, which is in line with the Employment Ordinance.

Denny To, a former trade unionist who specialised in labour rights, said that a roster of 25 consecutive work days was rare. He added that one rest day every seven days might not be common practice among most grass-roots workers. But working 25-day duty rosters is legal when two 24-hour rest windows are given to captains, as well as days off scheduled on a regular basis.

Fan Keung, the chief executive of the Small Craft Workers Union, said his union had surveyed Star Ferry captains about the long-established shift system.

He explained captains preferred to work 25-day shift patterns in exchange for longer periods off and wanted the rota arrangement to remain. Captains even raised concerns about Star Ferry changing shift patterns because of public opinion, Fan said on a radio programme.

Star Ferry said its roster system was long-established and had the support of employees. The company added that it made sure staff had 12 hours of rest on average working days.

Separately, Sun Ferry, which runs inner-harbour services from North Point to and from Hung Hom and Kowloon City, has a different working system. The company arranges for its captains to work 10 consecutive days and then take two days off.

Staff writer

Question prompts:

• What is the purpose of having a weekly rest day? Explain using your own knowledge.

• To what extent might Star Ferry captains support Fay Siu Sin-man’s appeal for the government to look into their work hours? Use Issue and News to explain.

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1. Employment Ordinance: the city’s legislation pertaining to labour rights. Under the current laws, workers employed under a continuous contract are entitled to at least one day of rest every seven days. Rest days are to be appointed by the employer. The ordinance also allows for rest days to be granted on an irregular basis. According to the Labour Department, an employer using a flexible roster must tell workers of their appointed rest days before the beginning of each month. This can be done verbally or in writing.

2. Star Ferry captains’ work roster: covers 30 days, including days off. Morning shifts run from 7am to 3pm, afternoon from 3pm to 11pm, and there are 11pm to 7am overnighters. Captains work 10 days of morning shifts then 10 afternoon ones, followed by five night shifts. They then have five days off. Between each change of shift, there is a 24-hour break period. If a captain were to finish work at 3pm on day 10, he would return to work at 3pm on day 11.

3. statutory rest day: a continuous period of not less than 24 hours during which an employee is entitled to abstain from working for their employer

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Context:

• What is the work roster of a ferry captain like? Why do you think Fay Siu Sin-man described it as “unbelievable”? They have to work 10 days of morning shifts, 10 days of afternoon ones, and five consecutive night shifts before taking days off. I think Siu described it as unbelievable because it is very hard to be recharged after working so many days without a break.

• According to Chung’s wife, what recent changes had caused the deceased’s workload to increase? Hong Kong has opened its borders, so there are more tourists who are riding the Star Ferry. With more tourists, Chung may have had less time to take breaks. He also mentioned to her that there was a staffing shortage.

Table:

• Using Table and Glossary, explain how the work schedule of Star Ferry captains compares to that of bus drivers and Sun Ferry captains. Compared to bus drivers, Star Ferry captains work fewer hours per shift and get longer off-duty breaks. Sun Ferry captains get two days off after working for 10 consecutive days, while Star Ferry captains only get a 24-hour gap between shift changes.

• Apart from health reasons, what are other risks of having transport workers on duty for long shifts without sufficient rest? There is a risk of fatal accidents while they are on duty, and this could also harm passengers.

News:

• List TWO other jobs that may require employees to take up flexible work rosters. Use your own knowledge to explain your answers. Bus drivers (firefighters, paramedics etc.) might have flexible work rosters because there are night shifts and weekend shifts, but it is difficult for workers to always be working at night or always work on the weekends when they want to spend time with family. Thus, they take turns on these less-desirable shifts. Domestic workers also take up flexible work rosters because their employers may sometimes need them to work on a weekend. (accept all reasonable answers)

• What could the government do to ensure that employees on flexible work rosters get sufficient rest? They can create a law that requires companies to give employees on flexible work rosters at least two days of rest for every 10 working days. They should also create a formal system for employers to submit flexible work rosters for approval to authorities who will oversee that employees get a fair say in the process of drafting these rosters. The government can also require these companies to review their rosters every year so that employees can voice concerns that develop. (accept all reasonable answers)

Issue:

• What is the purpose of having a weekly rest day? Explain using your own knowledge. The purpose of the rest day is to protect the health of employees so that they can re-energise themselves by being able to rest, spend time with their loved ones or enjoy life outside of work.

• To what extent might Star Ferry captains support Fay Siu Sin-man’s appeal for the government to look into their work hours? Use Issue and News to explain. According to a survey by the Small Craft Workers Union, Star Ferry captains are unlikely to fully support his appeal because they prefer to work 25-day shift patterns in exchange for longer periods off. But they might back certain changes such as longer breaks between shifts.