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Report of the Commissioner for Labour 2000

Chapter 6 : Labour Relations

6.1 One of the main responsibilities of the department is to maintain and promote harmonious labour relations in the non-government sector. This is primarily undertaken by the Labour Relations Division, the Labour Relations Promotion Unit and the Workplace Consultation Promotion Unit.

Consultation Service
6.2 Officers of the 11 Labour Relations Division offices give advice on matters relating to conditions of employment, provisions of the Employment Ordinance and good employment practices. Such advice gives enquirers a better understanding of their rights and obligations, and avoids unnecessary misunderstanding and disputes between employers and employees. In 2000, the division handled 127 915 enquiries which were made in person.

Conciliation Service
6.3 The division also provides a voluntary conciliation service to help employers and employees settle their disputes and claims. If an amicable settlement could not be reached through conciliation, the division will refer the cases to the Minor Employment Claims Adjudication Board or, where the claim exceeds $8,000, to the Labour Tribunal for adjudication. Cases in which the employers concerned are insolvent are referred to the Legal Aid Department.

6.4 In 2000, the division handled 308 labour disputes and 28 620 claims, which mainly arose from alleged breaches of contractual employment terms or statutory provisions. About 62 per cent of the trade disputes and the claims were settled through conciliation. (Figures 19, 20, 21, 22 and 23)

Promotional Activities
6.5 The department organises a wide variety of activities at territory-wide and district levels to promote harmonious labour-management relations in Hong Kong. The principal objectives are to enhance public awareness of the requirements of various labour laws and to promote good people management practices and the importance of co-operation between employers and employees. (Figure 24)

Seminars, Courses and Talks
6.6 To enhance understanding of the Employment Ordinance and to promote good people management practices, the department organised a variety of seminars, courses and talks. During the year, 3 448 participants attended 62 training courses on the Employment Ordinance and labour relations topics, another 34 629 persons attended 739 seminars and talks.

Exhibitions and Visits
6.7 In 2000, the department staged six exhibitions throughout the territory to increase public awareness of the Employment Ordinance and good labour relations. The exhibitions attracted more than 9 000 visitors.

6.8 As part of the department's continued effort to promote harmonious labour relations, officers of the department visited 252 employer associations, trade unions and individual establishments in 2000.

Reference Materials
6.9 The Labour Relations Promotion Unit and the Workplace Consultation Promotion Unit published over 30 information pamphlets and booklets on the Employment Ordinance and various topics on labour relations and employment practices for free distribution to the public. Two CD-ROMs and a VCD on promoting specific topics were also produced in 2000.

Registry of Trade Unions
6.10 The Registry of Trade Unions administers the Trade Unions Ordinance and its subsidiary regulations. It promotes sound trade union administration, protects the interests of trade union members and encourages responsible trade unionism.

Registration of Trade Unions
6.11 The Registry of Trade Unions has a 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 Trade Unions Ordinance.

6.12 During the year, 18 new trade unions and two new trade union federations were registered while six trade unions were deregistered. (Figure 25) As at the end of 2000, there were 638 registered trade unions (comprising 594 employee unions, 25 employer unions and 19 mixed organisations of employees and employers).(Figure 26) Besides, there were two registered trade union federations.

6.13 In 2000, the Registry of Trade Unions examined 629 statements of account and conducted 361 inspection visits to trade unions to ensure that trade union funds were expended correctly and accounted for.

6.14 To strengthen the promotion of sound union administration, the Registry of Trade Unions in March 2000 uploaded information on the rights and duties of trade union members to the Departmental Homepage for public access. In September 2000, the Registry of Trade Unions also published a resource kit on sound union administration for distribution to all registered trade unions.

Trade Union Education
6.15 The Registry of Trade Unions organises educational courses for trade unionists to provide them with a better knowledge of management aspects and trade union law. During the year, 14 courses on trade union management, bookkeeping, auditing and provisions of the Trade Unions Ordinance, and two seminars for civil service unions were organised.

Minor Employment Claims Adjudication Board
6.16 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. Several Senior Labour Officers with considerable experience in labour laws and labour relations are appointed as Adjudication Officers. Hearings are conducted in public in a simple and informal manner. No legal representation is allowed. The awards or orders made by the Adjudication Officers are legally binding. In 2000, the board recorded 2 422 claims, amounting to a total of $11,506,838. Most of these claims were concerned with wages in lieu of notice, arrears of wages and annual leave pay. (Figure 27) During the year, the board concluded 2 640 claims and awarded $6,613,941.

6.17 Parties dissatisfied with the award or order may apply for a review. They may also appeal to the High Court against the decision of the board on point of law or question of jurisdiction. In 2000, there were six applications for leave to appeal. Leave was granted to one application and the appeal case was subsequently dismissed by the High Court.