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The Programme of Labour Relations
(http://www.labour.gov.hk/eng/labour/content.htm)
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| 3.1 |
In Hong Kong, employer and employee relations are largely
premised on the freely negotiated terms and conditions
of employment entered into the two parties. Employers
and employees in Hong Kong are free to form trade unions
and participate in union activities. Trade unions are
required to be registered under the Trade Unions Ordinance.
The objective of the Labour Relations Programme is to
maintain and promote harmonious labour relations in
the non-government sector. We achieve this by:
- giving advice on matters relating to conditions
of employment, provisions of the Employment Ordinance
and good management practices;
- providing voluntary conciliation service to help
employers and employees resolve their employment claims
and disputes;
- promoting understanding of labour laws and encouraging
good labour management practices;
- adjudicating minor employment claims speedily through
the Minor Employment Claims Adjudication Board; and
- registering and regulating trade unions to bring
about sound and responsible trade union administration.
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| 3.2 |
The principal legislation administered
by this programme area includes the Employment Ordinance
(EO), the Labour Relations Ordinance, the Minor Employment
Claims Adjudication Board Ordinance and the Trade Unions
Ordinance (TUO). |
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A Concise Guide
to the Employment Ordinance. |
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| 3.3 |
With the provision of a comprehensive
set of employment standards, the EO is the main piece
of legislation governing conditions of employment in the
non-government sector. The procedures for settling labour
disputes in the non-government sector are provided in
the Labour Relations Ordinance. The Minor Employment Claims
Adjudication Board Ordinance establishes a machinery known
as the Minor Employment Claims Adjudication Board (MECAB)
to adjudicate minor employment claims when settlement
cannot be achieved by conciliation. For the regulation
of trade unions, the TUO provides a statutory framework
for trade union registration and administration. |
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Our Work and Achievements in 2004
Key Indicators of Work
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| 3.4 |
Some key indicators of work of the Labour Relations
Programme Area are contained in Figure
3.1.
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Conciliation and Consultation Services
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| 3.5 |
Our consultation and conciliation services have contributed
to the maintenance of industrial peace. In 2004, we
handled 112 997 in-person consultations,
270 labour disputes and 28 396 claims.
The number of labour disputes and claims handled in
2004 was 16 per cent down on the figure of 34
116 cases in 2003. It was the lowest since 1998.
Altogether 67.3 per cent of the cases handled in 2004
were resolved amicably through conciliation, the highest
settlement rate since 1994. Only two strikes were recorded
in 2004. As a result, the number of working days lost
per 1 000 salaried employees and wage earners
was 0.11, which is among the lowest in the world. (Figures
3.2-3.7)
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Conciliation meeting.
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Consultation services
on the Employment Ordinance or employment contracts.
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| Strengthening Tripartite
Cooperation |
| 3.6 |
To promote tripartite collaboration
at the industry level with a view to fostering harmonious
labour relations, nine industry-based tripartite committees
have been set up in the catering, construction, theatre,
logistics, property management, printing, hotel and tourism,
cement and concrete as well as retail industries. These
tripartite committees provide useful forums for representatives
of employers, employees and the Government to discuss
issues of common concern in these industries. In 2004,
we worked closely with the nine industry-based tripartite
committees to promote the adoption of good human resources
management practices among the respective industries.
To this end, we have prepared guidebooks highlighting
good human resources management practices and labour laws
of special interest to the respective industries. In September,
a large-scale seminar was organised to promote partnership
between employers and employees and good customer services
in the catering, retail and hotel and tourism industries. |
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The Permanent
Secretary for Economic Development and Labour (Labour),
Mr Matthew Cheung Kin-chung, speaking at a large-scale
seminar organised for the catering, retail and hotel
and tourism industries. |
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| Promotion of Good Employer-Employee
Relations |
| 3.7 |
To promote better public understanding
of the EO and good labour management practices, various
promotional activities such as briefings and talks were
organised for employers, employees and human resource
professionals. We also produced a reference kit to enhance
public understanding of the major provisions of the EO
in an interesting manner. A specially designed folder
was produced to facilitate easy keeping of a comprehensive
set of employment-related records among employees to enhance
protection of their interests under labour laws. |
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| 3.8 |
Publicity information was disseminated through the
mass media. We published articles of cases on the EO
in the printed media and launched a new Announcement
of Public Interest on television to further promote
partnership between employers and employees.
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Adjudication of Minor Employment Claims
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| 3.9 |
The Minor Employment Claims Adjudication Board provides
a speedy, informal and inexpensive adjudication service
to members of the public. It is empowered to determine
employment claims involving not more than 10 claimants
for a sum not exceeding $8,000 per claimant.
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| 3.10 |
In 2004, the board recorded 2 507 claims
amounting to $10,426,804 and concluded 2 594
claims with a total award of $5,943,631.
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Regulation of Trade Unions
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| 3.11 |
The Registry of Trade Unions promotes sound and responsible
trade union administration, and is entrusted with the
statutory duty to register trade unions, process and
register their rules, and examine their annual audited
statements of account to ensure that trade unions comply
with the TUO.
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| 3.12 |
As at the end of the year, there were 659 employee
unions. In 2004, 21 new trade unions were registered
while six trade unions were deregistered, making up
a cumulative total of three registered trade union federations
and 704 registered trade unions (comprising 659 employee
unions, 23 employer unions and 22 mixed organisations
of employees and employers). Please refer to the following
webpage for the key trade union statistics: http://www.labour.gov.hk/eng/labour/content3.htm.
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| 3.13 |
In the year, the Registry of Trade Unions examined
601 statements of account and conducted 366 inspection
visits to trade unions to ensure that their administration
and financial management were in compliance with the
TUO. To facilitate trade union officers in acquiring
knowledge of union law and management, the Registry
organised six courses on trade union bookkeeping, auditing
and provisions of the TUO.
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