Rights and Duties of Trade Union Members

Employees' Right to Organize

  • Article 27 of the Basic Law guarantees that Hong Kong residents have freedom of association and the freedom to form and join trade unions.
  • The Employment Ordinance (EO) provides that every employee has the rights:
    • to be a member / an officer of a trade union registered under the Trade Unions Ordinance (TUO);
    • to take part in activities of the trade union, to which the employee is a member / an officer, outside working hours or during working hours with the consent of the employer; and
    • to associate with others for forming or applying for the registration of a trade union.
  • The EO also provides that an employer shall not:
    • prevent or deter an employee from exercising any of the above rights;
    • dismiss, penalize or discriminate against an employee for exercising the above rights;
    • make it a condition of employment that an employee must not exercise the above rights.