Chapter 3 Labour Relations

www.labour.gov.hk/eng/labour/content.htm

3.1In Hong Kong, employer and employee relations are largely premised on the stipulations of labour laws, and the terms and conditions of employment agreed and entered into between the two parties. Employers and employees are free to form trade unions and participate in union activities. The objective of the Labour Relations Programme is to maintain and promote harmonious labour relations in establishments outside the government sector. We achieve this by:

• giving advice on matters relating to conditions of employment, requirements of relevant labour legislation, and good human resource management practices;
• providing voluntary conciliation service to help employers and employees resolve their employment claims and labour disputes;
• promoting understanding of labour laws and encouraging good human resource management practices;
• adjudicating minor employment claims speedily through the Minor Employment Claims Adjudication Board (MECAB); and
• registering trade unions and their rules, organising courses and conducting visits to trade unions to bring about sound and responsible trade union administration.

3.2The principal legislation administered by this programme area includes the Employment Ordinance (EO), the Minimum Wage Ordinance (MWO), the Labour Relations Ordinance (LRO), the Minor Employment Claims Adjudication Board Ordinance (MECABO) and the Trade Unions Ordinance (TUO).

3.3The EO sets the basic standard on the conditions of employment that establishments outside the government sector have to meet. The MWO establishes a Statutory Minimum Wage regime. A set of procedures for settling labour disputes in establishments outside the government sector are provided for in the LRO. The MECABO establishes the machinery known as the 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 2024

Key Indicators of Work

3.4Some key indicators of work of the Labour Relations Programme Area are contained in Appendix 3.1.

Improvement to Employees' Benefits

3.5The Labour Advisory Board (LAB) reached a consensus in February 2024 on the review of the “continuous contract” requirement under the EO that the working hours threshold of such requirement should be revised by using four weeks as the basis of calculation, and the aggregate working hours in a four-week period should not be less than 68 hours. The Government had commenced the work on the relevant legislative amendment.

Consultation and Conciliation Services

3.6Our consultation and conciliation services are conducive to maintaining harmonious industrial relations in Hong Kong. In 2024, we held 56 740 consultation meetings, and handled 12 940 claims (each involving 20 or less employees) and 89 labour disputes (each involving more than 20 employees). Over 70% of cases with conciliation service rendered were settled in the year (Appendices 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7) .

Strengthening Tripartite Dialogue

3.7The Labour Department (LD) runs nine industry-based tripartite committees, covering catering, cement and concrete, construction, hotel and tourism, logistics, printing, property management, retail and theatre industries, to promote tripartite dialogue at the industry level with a view to fostering harmonious labour relations among employers, employees and the Government. These tripartite committees provide effective forums for members to discuss issues of common concern to their industries. Employment-related matters such as good human resource management, labour relations and employment situation of the industries, and occupational safety and health were deliberated in the year.

Members of an industry-based tripartite committee discussed issues of common concern to their industry at a meeting

Promotion of Good Employer-Employee Relations

3.8To enhance public understanding of the EO and to promote good human resource management culture, the LD organised various promotional activities and published free publications covering different themes for employers, employees, human resources professionals and the public. Relevant information was also disseminated through the LD’s homepage and the media. We also widely publicised messages about good human resource management as well as statutory employment rights and protection through the extensive network of employers’ associations and trade unions. Furthermore, we launched the Good Employer Charter and Good Employee Recognition Campaign to encourage employers’ adoption of “employee-oriented” good human resource management measures and implementation of family-friendly employment practices, while at the same time fostering harmonious labour relations.

The Labour Department published free publications covering different themes to enhance public understanding of the Employment Ordinance and to promote good human resource management culture

The Labour Department held the Good Employer Charter 2024 Presentation Ceremony and Good Employee Recognition Campaign Kick-off Ceremony, calling on employers to join the charter, and adopt good human resource management measures and implement family-friendly employment practices

3.9The LD organised experience-sharing sessions and briefings and published newsletters for members of 18 human resources managers’ clubs established in different trades. We also published newspaper articles and comic strips, and placed advertisements in public transport network and periodic journals of major employers’ associations and labour organisations to promote good human resource management. In the year, we revised and published the “Code of Practice in Times of Adverse Weather and 'Extreme Conditions'” to provide more appropriate guidance for employers and employees. Besides, to enhance the knowledge of ethnic minorities (EM) on the EO, we published and distributed the “Employment Ordinance at a Glance” and other relevant information in multiple EM languages through various channels, and publicised such messages through radio programmes in EM languages.

The Labour Department organised experience-sharing sessions and briefings for members of human resources managers’ clubs established in different trades

Adjudication of Minor Employment Claims

3.10The MECAB provides a speedy, informal and less costly adjudication service for members of the public. The MECAB has jurisdiction to determine employment claims involving not more than 10 claimants for a sum not exceeding $15,000 per claimant.

3.11In 2024, the MECAB recorded 996 claims amounting to $7,629,238 and concluded 986 claims with a total award of $3,878,609.

Regulation of Trade Unions

3.12The Registry of Trade Unions (RTU) is responsible for administering the TUO and the Trade Union Registration Regulations, with a view to fostering sound trade union management and responsible trade unionism, ensuring trade unions’ compliance with the law and their respective rules. Its major areas of work include registering trade unions and their rules, examining trade unions’ annual statements of account and any other returns required by the law to be furnished to the RTU, conducting visits to trade unions and organising educational and promotional activities to enhance the understanding of trade union officers and paid staff on national security and trade union administration.

3.13In 2024, the RTU completed seven registrations of new trade unions (comprising six trade unions and one trade union federation). As at end-2024, trade unions registered under the TUO totalled 1 429 (comprising 1 353 employee unions, 11 employer associations, 48 mixed organisations of employees and employers and 17 trade union federations). Please refer to the following webpage for the key trade union statistics: www.labour.gov.hk/eng/labour/content3.htm.

3.14In the year, the RTU examined 1 202 annual statements of account and conducted 408 visits to trade unions. The RTU organised courses and a seminar to enhance the understanding of trade union officers and paid staff on national security, union management and/or trade union bookkeeping.