Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

Article 1 of the Convention. With reference to its previous comments, the Committee notes with satisfaction that the level of fines for violating the provisions of sections 21B and 21C of the Employment Ordinance on protection of workers against anti-union discrimination has been increased from HK$25,000 to HK$100,000 with effect from 14 December 1995.

The Committee further notes that the Hong Kong Government has recently proposed amendments to the Employment Ordinance to enable employees dismissed on grounds of union membership or activities to make a claim for compensation to be dealt with by a tribunal where the adjudication officer would be empowered to make an award or order reinstatement of the employee, subject to the mutual agreement of the employer and employee concerned. This proposal has been endorsed by the tripartite Labour Advisory Board and the legislative process is now under way. The Committee requests the Government to continue to keep it informed of the progress made in adopting these proposals, as well as any other steps taken to improve the protection provided against acts of anti-union discrimination.

Article 2. The Committee recalls that its previous comments referred to the need to ensure effective protection of workers' organizations and employers' organizations against acts of interference by each other. It had noted the Government's indication that, since administrative measures had worked well to implement this provision, specific legislative measures had not been considered necessary. In its latest report, the Government indicates the types of administrative measures taken in the past year to ensure protection against acts of interference, including through the examination of union accounts and the carrying out of inspection and promotion visits. The Government continues to indicate that these measures have worked well to give effect to this Article of the Convention, but that it will continue to monitor the situation and ensure adequate protection to workers' and employers' organizations against acts of interference by each other. The Committee requests the Government to continue to keep it informed in future reports of any measures taken to ensure the application of this provision of the Convention.