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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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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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