以下為盧偉國議員的提問及教育局局長吳克儉的答覆：

問題：

　　現時，有不少專業（例如註冊電業工程人員）的註冊要求包括從事相關行業的工作經驗。近日，有電業從業員向本人求助，表示前僱主拒絕向他提供電力工作經驗證明文件，令他無法成功註冊。另一方面，根據資歷架構下的過往資歷認可機制，過往資歷認可申請人只須出示有關行業的年資及相關工作經驗的證明文件，並經評估機構確認後，便可無需通過評估而取得第一至第三級的資歷證明書。據悉，現行沒有法例規定僱主必須應僱員或前僱員的要求提供工作經驗證明文件。就此，政府可否告知本會：

（一）過去五年，當局每年接獲多少宗求助和投訴個案，指稱僱主拒絕應僱員或前僱員的要求提供工作經驗證明文件；

（二）鑑於現行法例沒有規定僱主須向僱員或前僱員提供工作經驗證明文件，當局有否評估過往資歷認可申請人求取該等文件時所面對的困難；若有，詳情為何；若否，原因為何；及

（三）當局會否檢討現行法例，規定僱主須按僱員或前僱員的合理要求向其提供工作經驗證明文件，以完善相關的註冊制度和資歷認可機制；若會，詳情為何；若否，原因為何？

答覆：

主席：

　　政府在二○○八年推出資歷架構，目的是鼓勵終身學習，和提升本港勞動人口的競爭力。資歷架構下設有「過往資歷認可」機制，目的是讓背景各異的從業員所具備的知識、技能和經驗，均可在資歷架構下獲得正式確認。目前已有十個行業推行「過往資歷認可」機制，包括鐘錶業、印刷及出版業、美髮業、物業管理業、汽車業、珠寶業、物流業、中式飲食業、美容業及零售業。就問題各部分，經諮詢根據《電力條例》（第４０６章）規管電業工程人員註冊的機電工程署後，我現答覆如下：

（一）根據機電工程署，《電力條例》並沒有明確要求申請成為註冊電業工程人員的人士，必須提供僱主發出的聘用證明。過去五年，機電工程署僅接獲兩宗申請成為註冊電業工程人員，就未能從僱主取得工作經驗證明文件而提出求助的個案，而該兩宗個案的申請人最終亦獲批准成為註冊電業工程人員。

　　另一方面，在資歷架構的「過往資歷認可」機制下，教育局在過去五年亦沒有收過有關求助或投訴。

（二）根據現行安排，「過往資歷認可」機制下的評估機構除接受由僱主簽發的工作經驗證明文件外，其他參考文件（如由註冊工會或商會簽發的工作證明書、稅單或自僱人士的商業登記證明等），均可獲考慮作為相關工作經驗證明。

　　此外，就「個人資歷檔案」，自二○一三年六月一日起，僱員若未能提供工作經驗證明文件，亦可選擇以「個人資歷檔案」方式提交其他輔助文件，例如個人工作履歷、比賽作品等，並通過評估測試，申請「過往資歷認可」。

（三）在《電力條例》方面，機電工程署認為現時並沒有實際需要為申請為註冊電業工程人員的規例作出特別修改。

　　另一方面，申請「過往資歷認可」乃自願性參與。如以上所述，評估機構已因應基於不同原因而未能提供僱主簽發的工作經驗證明文件的個案，接受其他參考文件，並提供「個人資歷檔案」方式予申請人申請「過往資歷認可」。我們認為目前的安排已提供足夠彈性。

　　與此同時，資歷架構下成立的行業培訓諮詢委員會不時向業內僱主、商會、工會和從業員宣傳「過往資歷認可」機制，從而鼓勵僱主盡量協助員工申請。

 

Following is a question by the Ir Dr Hon Lo Wai-kwok and a reply by the Secretary for Education, Mr Eddie Ng Hak-kim:

Question:

     At present, the registration requirements for quite a number of professions (e.g. registered electrical workers) include work experience in the relevant industries. Recently, an electrical worker has asked for my assistance, saying that his former employer refused to provide him with documentary proofs of his electrical work experience, rendering his application for registration unsuccessful. On the other hand, in accordance with the Recognition of Prior Learning (RPL) mechanism under the Qualifications Framework (QF), an RPL applicant may obtain a statement of attainment at QF Levels 1 to 3 simply by producing documentary proofs of years of service and work experience in the relevant industries verified by an assessment agency without the need to undergo any assessment. It is learnt that at present, there is no statutory requirement for employers to provide documentary proofs of work experience upon the requests of employees or former employees. In this connection, will the Government inform this Council:

(1) in each of the past five years, of the numbers of requests for assistance and complaints received by the authorities in relation to employers' alleged refusal to provide documentary proofs of work experience upon the requests of employees or former employees;

(2) given that at present, there is no statutory requirement for employers to provide employees or former employees with documentary proofs of work experience, whether the authorities have assessed the difficulties faced by RPL applicants in obtaining such documents; if they have, of the details; if not, the reasons for that; and

(3) whether the authorities will review the existing legislation to require employers to provide documentary proofs of work experience upon reasonable requests of their employees or former employees, so as to perfect the relevant registration system and the RPL mechanism; if they will, of the details; if not, the reasons for that?

Reply:

President,

     The Government launched the Qualifications Framework (QF) in 2008 with a view to encouraging lifelong learning and enhancing the competitiveness of the workforce in Hong Kong. The Recognition of Prior Learning (RPL) mechanism is established under QF to enable employees of various backgrounds to receive formal recognition of the knowledge, skills and experience already acquired. At present, the RPL mechanism has been implemented in ten industries, namely Watch and Clock, Printing and Publishing, Hairdressing, Property Management, Automotive, Jewellery, Logistics, Chinese Catering, Beauty and Retail. Regarding the various parts of the question, having consulted the Electrical and Mechanical Services Department (EMSD) which regulates the registration of electrical workers in accordance with the Electricity Ordinance (Chapter 406), my reply is as follows:

(1) According to EMSD, the Electricity Ordinance does not contain explicit requirement for "proof of employment" issued by employers. In the past five years, the Department has only received two cases of application for registration as registered electrical worker (REW) involving request for assistance as the applicants were unable to obtain documentary proof of work experience from their employers. The two applicants were eventually approved to become REWs.

     On the other hand, for the RPL mechanism under QF, the Education Bureau has also received no such requests for assistance or complaints in the past five years.

(2) Under the prevailing arrangements, besides documentary proofs of work experience issued by employers, other references (such as attestation of jobs issued by registered labour unions or associations, tax demand notes or business registration certificates for the self-employed) would also be considered by the assessment agency under the RPL mechanism as proofs of work experience.

     Also, to apply for RPL, since June 1, 2013, employees who are unable to produce documentary proofs of work experience may opt to submit other supporting documents in the form of an individual portfolio, such as, among others, curriculum vitae and their entries for competitions, and subject themselves to assessment test.

(3) Regarding the Electricity Ordinance, EMSD considers that there is no practical need to amend the regulation relating to the application for registration as REW.

     Separately, application for RPL is on a voluntary basis. As mentioned before, the assessment agency has accepted other references in cases where employees are unable to produce documentary proofs of work experience issued by their employers for various reasons as well as to provide the alternative of individual portfolio for applicants to obtain RPL. We are of the view that the prevailing arrangements have put in place due flexibility.

     Meanwhile, the Industry Training Advisory Committees established under QF promote RPL from time to time among employers, trade associations, labour unions and practitioners in relevant sectors, which in turn encourage employers to assist their employees in applying for RPL.