School Attendance Certificate
School Attendance Certificate
1. The Employment of Children Regulations, made under the Employment Ordinance (Cap.57), prohibit the employment of children in industrial undertakings and regulate the employment of children in non-industrial establishments, so as not to interfere with their schooling.
2. A “child” is defined under the Employment Ordinance as a person under the age of 15 years. No person shall employ a child in any industrial undertaking. Children aged under 13 are further prohibited from taking up employment in all economic sectors.
3. Children aged 13 or over may be employed in non-industrial establishments, subject to the condition that they are attending schools if they have not completed Form III of secondary education and other restrictions elaborated in “A Concise Guide to the Employment of Children Regulations” issued by the Labour Department, vide Appendix I below.
4. A child who works in any place of employment, whether for wages or not, shall be deemed to be employed therein for the purposes of the Regulations.
5. For the development of art and training, the Commissioner for Labour may grant special permission for children of whatever ages to be employed as entertainers, subject to certain restrictions listed in “A Guide to the Employment of Child Entertainers ” issued by the Labour Department, vide Appendix II below.
6. A “school attendance certificate” is a document issued by the head of school, certifying that the child employee is studying at the school. When a child is offered an employment, his parent should apply to the head of school for this certificate. The Regulations also require the parent to produce to the employer a valid school attendance certificate in respect of the child. Labour Inspectors of the Labour Department will conduct inspection visits to places of employment in order to ensure that every child worker engaged in part-time employment is employed within the law and possesses an official school attendance certificate.
7. Application for a school attendance certificate must be made in either English or Chinese by the parent/guardian in respect of the child/ward direct to the head of school. A specimen of the standard application form is at Appendix III below. Heads of Schools may make copies of it for use.
8. On receipt of the application form, with the top portion duly completed by a parent, the school should verify the particulars of the student and take action in accordance with the procedures laid down in the Notes on application for a school attendance certificate at Appendix IV below.
9. The completed application form should be sent to the Non-attendance Cases Team of the Education Bureau by fax (2520 0073) or by mail to Room W218, 2/F, West Block, Kowloon Tong Education Services Centre, 19 Suffolk Road, Kowloon Tong, Hong Kong.
10. All school attendance certificates, irrespective of the date of issue, are valid for a maximum of one year. Re-application will therefore be necessary in all cases where children wish to take up part-time work extending beyond the expiry date.
11. If the student is absent from school, the school must comply strictly with the requirements stipulated in the EDB Circular No. 1/2009 regarding “Upholding Students' Right to Education” in reporting the case to the Education Bureau on the 7th day of the student's continuous absence, regardless of age, class level and reasons for absence.