Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Hong Kong Special Administrative Region (Ratification: 1997)

Articles 2(1) and 3(1) of the Convention. Effective tripartite consultations. Election of representatives of the social partners. The Committee has been requesting for some years that the Government and the social partners promote and strengthen tripartism and social dialogue in order to facilitate the operation of the procedures ensuring effective tripartite consultations, including ensuring the meaningful participation of the Hong Kong Confederation of Trade Unions (HKCTU) in the consultation process. In its previous comments, the Committee noted the observations of the HKCTU, which once again expressed its concern regarding ineffective consultation in relation to the current electoral system for representation on the Labour Advisory Board (LAB), the designated tripartite body for tripartite consultations for purposes of the Convention. The HKCTU noted that the LAB has six workers’ representatives, five of whom are elected by registered trade unions, with a sixth representative appointed ad personam by the Government. It pointed out that union votes are counted with equal weight regardless of size of membership according to the principle of “one union, one vote”. The electoral system allows voters to vote for a slate of five candidates in one ballot, hence the securing of more than half of the votes would allow a slate of five candidates to win all five seats. In its observations, the HKCTU maintained that this electoral system is unjust and has prevented it from being elected to the LAB, despite its status as the second largest trade union confederation. The Committee requested the Government to provide information on all measures taken or envisaged to ensure the HKCTU’s meaningful participation as part of the consultative process within the most representative organization of workers, and requested the Government to report on the results thereof.

In its response, the Government indicates that it fully recognizes the importance of tripartite consultations and social dialogue with the participation of organizations of employers and workers. With reference to the Committee’s previous comments, the Government adds that it fully understands that the term “most representative organizations of employers and workers”, within the meaning of Article 1 of the Convention, does not mean only the largest organization of employers and the largest organization of workers, and that representative organizations, as referred to in the Convention, are the most representative organizations of employers and workers that enjoy the right of freedom of association and are free to choose their representatives in the tripartite consultations.

Moreover, the Committee notes the Government’s indication that all registered trade unions, regardless of their affiliations with any trade union group, are invited to participate in the election of workers’ representatives to the LAB by nominating candidates to stand for election and freely electing representatives to the LAB by secret ballot. More specifically, each registered trade union is free to vote for one or more candidates, up to the maximum number of workers’ representatives eligible for election to the LAB, enabling the expression of preferences for the choices of workers’ representatives to the fullest extent. The Government adds that more than half of the registered trade unions in the Hong Kong Special Administrative Region (HKSAR) are not affiliated to any major trade union group, and none of the trade union groups has any dominating number of affiliates. As all registered trade unions are eligible to exercise their free choice in these elections, the Government considers that there is no question of any particular trade union group being excluded from the election. The Government adds that there is no evidence suggesting any unfairness in the current election method, noting that the method of returning workers’ representatives to the LAB through an election by all registered trade unions is well established in the HKSAR. The method is transparent, well tested and widely accepted by the labour sector as best representing the views of workers and most suitable to local conditions. The Government undertakes to continue to ensure that each and every registered trade union, including those affiliated to the HKCTU, enjoys the same right to nominate candidates and to vote in the election of workers’ representatives of the LAB. Nevertheless, the Government considers that it would be improper and inappropriate if the system of electing workers’ representatives to the LAB were to be changed for the advantage of a particular organization.

The Government indicates that it will continue to observe tripartite consultations set out in the Convention and take into account the views of employers and workers in formulating labour policies. During the tripartite consultative process, representatives of employers and workers participate equally in various committees under the auspices of the LAB, including members from different trade union groups, including the HKCTU. All trade unions and trade union groups, including the HKCTU and its affiliated trade unions, are also free to communicate their views to the HKSAR Government. The Government further indicates that the principle of tripartite consultations is also applied in addressing other labour matters, such as the Minimum Wage Commission (MWC). The Committee recalls its previous comments, in which it expressed concern that, under the process of voting for a slate of labour organization candidates, as described by the HKCTU, there is a risk that the second largest trade union confederation in the country may have been excluded from meaningful participation within the most representative organization of workers. The Committee therefore urges the Government to make every effort, together with the social partners, to ensure the promotion of tripartism and social dialogue in order to facilitate the procedures ensuring effective tripartite consultations. The Committee also once again requests the Government to communicate information on all measures taken or envisaged to ensure the HKCTU’s meaningful participation in the consultative process within the most representative organization of workers.

Article 5(1). Effective tripartite consultations. The Government indicates that, during the reporting period, the LAB’s Committee on the Implementation of International Labour Standards (CIILS) was consulted on all reports to be submitted under article 22 of the ILO Constitution. The procedures for preparing these reports and copies of the reports were communicated to all LAB members. Members of the CIILS were also informed of the progress of the legislative amendment exercise for the application of the Maritime Labour Convention, 2006 (MLC, 2006), in the Hong Kong Special Administrative Region, and members shared their views freely in the meeting. The Committee notes the report of the LAB for 2015–16, communicated with the Government’s report. The Committee requests the Government to continue to provide up-to-date information on the content and outcome of the consultations held on all matters concerning international labour standards covered by the Convention (Article 5(1)(a)–(e)).