Labour Advisory Board Report 2011-2012 - Chapter 2

Labour Advisory Board

2.1 Introduction

The Labour Advisory Board (LAB) is a non-statutory body appointed by the Chief Executive to advise the Commissioner for Labour on labour matters including legislation and the application of international labour Conventions. The Commissioner for Labour is the ex-officio chairman of LAB. LAB has 12 members, six representing employers and six representing employees.

LAB plays an important part in the formulation of labour policies and gives advice on labour legislation.

2.2 History

1927

LAB was first appointed.

In its early years, LAB was composed of representatives of large companies, government departments as well as the armed services. There were no employee representatives.

1946

LAB became a tripartite body, with the Labour Officer as the ex-officio chairman.

There were three members representing European employers, three representing Chinese employers and three representing employees of major companies.
The Labour Officer was the head of the Labour Office which was originally part of the Secretariat for Chinese Affairs. It became an independent office (the present Labour Department (LD)) in 1946.

1947

The Commissioner of Labour became the ex-officio chairman of LAB.

The head of LD was retitled from the Labour Officer to the Commissioner of Labour.

1950

LAB was reconstituted and election was introduced for the first time.

Of the four members representing employers, one was nominated by the Employers’ Federation of Hong Kong, one by the Chinese Manufacturers’ Union (renamed the Chinese Manufacturers’ Association of Hong Kong in 1957), and two were appointed by the Government, one each from European and Chinese employers.
Of the four members representing employees, two were elected by trade unions by secret ballot, and the other two were appointed by the Government.

1977

The membership of LAB was increased by four to 12.

It was composed of six employer representatives with four nominated by employer organisations and two appointed by the Government.
There were six employee representatives with three elected by trade unions and three appointed by the Government.

1985

The term of office of LAB was extended from one to two years.

The number of elected employee representatives was also increased from three to four, and this was offset by a reduction of appointed employee representatives from three to two.

1989

The number of nominated employer representatives and elected employee representatives was increased from four to five.

This was offset by a reduction in the number of appointed members on both sides to one.

1993

LAB members were entitled to honorarium and could initiate agenda items.

Non-official members of LAB were eligible for an allowance for each term of office and could initiate agenda items to be discussed at LAB meetings.

2003

The Permanent Secretary for Economic Development and Labour (Labour) became the ex-officio chairman of LAB.

In July 2003, the Labour Branch of the Economic Development and Labour Bureau merged with LD. The new organisation retained the corporate title of LD. It was headed by the Permanent Secretary for Economic Development and Labour (Labour), who also assumed the role of the Commissioner for Labour.

2007

The Commissioner for Labour became the ex-officio chairman of LAB.

In July 2007, the post of the Commissioner for Labour was reinstated upon the re-organisation of the Government Secretariat. The Commissioner for Labour served as the ex-officio chairman of LAB.

2.3 Terms of Reference

LAB advises the Commissioner for Labour on matters affecting labour, including legislation and Conventions and Recommendations of the International Labour Organisation. It may appoint such committees as it considers necessary and include any person not being a member of LAB to serve on such committees.

2.4 Composition

Chairman:

Commissioner for Labour (ex-officio)

Members:

Employer representatives

Five members nominated by major employer associations, representing separately:

the Chinese General Chamber of Commerce
the Chinese Manufacturers’ Association of Hong Kong
the Employers’ Federation of Hong Kong
the Federation of Hong Kong Industries
the Hong Kong General Chamber of Commerce

One member appointed ad personam

Employee representatives

Five members elected by registered employee unions

One member appointed ad personam

Secretary:

A Senior Labour Officer of the Labour Department

2.5 LAB Election of Employee Representatives

An election, by secret ballot, was held on 27 November 2010 for the registered employee unions to elect employee representatives for the 2011-2012 term. In this election, 11 candidates vied for five seats as employee representatives on LAB. Out of a total of 416 employee unions registered as electors, 368 took part in the election.

On the employer side, the five major employer associations were invited in late 2010 to nominate representatives to sit on LAB.

The remaining two members, one representing employers and the other representing employees, were appointed by the Government ad personam.

The appointment of the 12 members was published in the Government Gazette on 24 December 2010.

Labour Advisory Board meetings

2.6 Committees of LAB

To enable LAB to cope with the enormity of matters requiring its attention, and to encourage greater participation by members and non-members, five committees on special subject areas have been set up under LAB. The five committees are:

Committee on Employees' Compensation
Committee on Employment Services
Committee on the Implementation of International Labour Standards
Committee on Labour Relations
Committee on Occupational Safety and Health

In addition to LAB members, the committees comprised over 30 persons including employer and employee representatives from outside LAB, academics, professionals as well as representatives from government departments, public bodies and concern groups, etc.

Details of the terms of reference, composition and work of these committees are given in their relevant chapters below. Membership lists of the committees are at Appendices I to V.