Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - China - Hong Kong Special Administrative Region (Ratification: 1997)

The Committee notes the information supplied by the Government in its report.

1. Article 1 of the Convention. With reference to its previous comments concerning the need to reinforce the protection of workers against anti-union discrimination by ensuring that effective and sufficiently dissuasive sanctions are applied in practice, the Committee notes the Government's statement that violation of the anti-union discrimination provisions is a criminal offence, the maximum penalty of which is a fine of HK$25,000. To increase the deterrent effect, legislative process is under way to raise the maximum fine to HK$100,000. Moreover, the Government has proposed to amend the law to the effect that an employee dismissed on grounds of union membership or activities may make a claim for compensation to the Labour Tribunal and the burden of proving that the dismissal is not discriminatory should rest with the employer.

The Committee takes note of this information; it would request the Government to keep it informed of any progress made in adopting these legislative amendments.

2. Article 2. As regards protection to workers' and employers' organizations against acts of interference by each other, the Committee notes that the Government points out that under section 36 of the Trade Unions Ordinance (TUO), contributions from employers or employer organizations, if any, must appear in the statement of accounts that every registered trade union is required to furnish annually to the Registry of Trade Unions. Section 37 of the TUO further provides that the account book of a registered trade union shall be open to inspection by members of the union and the Registrar. According to the Government, these provisions ensure that no employers can gain domination over employee organizations through financial support. Moreover, visits by officers of the Labour Department to trade unions also help to detect any acts of interference against employee organizations by employers. The Government considers that since administrative measures have worked well to implement this provision of the Convention, specific legislative provisions have not been considered necessary.

[The Government is asked to report in detail in 1996.]