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CHAPTER
3
LABOUR
RELATIONS
The
Programme of Labour Relations
(http://www.labour.gov.hk/text/eng/labour/index.htm)
3.1
In Hong Kong, terms and conditions of employment are negotiated
freely between employers and employees and they largely form the
basis of the relations between the two parties. Employees and
employers in Hong Kong are also free to form and join trade unions,
which 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.
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).
A
Concise Guide to the Employment Ordinance.
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 of 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.
Our
Work and Achievements in 2003
Key
Indicators of Work
3.4
Some key indicators of work of the Labour Relations Programme
Area are contained in Figure 3.1.
Conciliation
and Consultation Services
3.5
Our consultation and conciliation services have contributed to
the maintenance of industrial peace. In 2003, we handled 138 608
in-person consultations, 427 labour disputes and 33 689
claims. Altogether 65.1 per cent of the cases were resolved amicably
through conciliation, which was the highest settlement rate since
the financial turmoil of 1997. Only one strike was recorded in
2003. The number of working days lost per 1 000 salaried
employees and wage-earners was 0.05, which is among the lowest
in the world. (Figures 3.2-3.7)
Conciliation
meeting.
Consultation
services on the Employment Ordinance or employment contracts.
Strengthening
Tripartite Communication
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, warehouse and cargo transport, property management, printing,
hotel and tourism, cement and concrete as well as retail industries.
These committees provide useful forums for representatives of
employers, employees and the Government to discuss issues of common
concern in these industries. Successful examples of such tripartite
cooperation included the mapping out of enlightened human resources
strategies by the respective committees to resolve labour relations
issues arising from the outbreak of SARS, the continued vigorous
promotion on the use of written employment contracts, and keeping
of wage records for the construction industry as well as the clear
promulgation of rest day arrangements for the catering industry.
The
Permanent Secretary for Economic Development and Labour, Mr Matthew
Cheung Kin-chung (fourth from right), attending a tripartite committee
meeting.
3.7
Besides, a new leaflet titled "Harmonious Labour Relations
through Tripartite Cooperation" was published for free distribution
to the public. Its key messages were also widely publicised through
the printed media.
Leaflet
of Harmonious Labour Relations through Tripartite Cooperation.
Promotion
of Good Employer-Employee Relations
3.8
To promote better public understanding of the Employment Ordinance
and good labour management practices, various promotional activities
such as seminars and talks were organised for employers, employees
and human resource professionals. We also organised briefings
for government bureaux/ departments, statutory bodies and representatives
of service contractors. In addition, we staged special publicity
campaigns to promote prior work arrangements in times of rainstorms
and typhoons, and employment rights of foreign domestic helpers.
Adjudication
of Minor Employment Claims
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.
3.10
In 2003, the board recorded 2 818 claims, amounting
to a total of $11,918,336 and concluded 2 763 claims with a total
award of $6,574,050.
Regulation
of Trade Unions
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.
3.12
As at the end of the year, there were 644 employee unions. In
2003, 29 new trade unions were registered while six trade unions
were deregistered; making up a cumulative total of three registered
trade union federations and 689 registered trade unions (comprising
644 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.
3.13
In the year, the Registry of Trade Unions examined 589 statements
of account and conducted 364 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 five courses on trade union bookkeeping, auditing and
provisions of the TUO.
| Index |
Chapter 1 | Chapter
2 | Chapter 3 | Chapter
4 | Chapter 5 | Chapter
6 | Chapter 7 |
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Figures and Charts |
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