Labour Relations (Public Service) Convention, 1978 (No. 151) - China - Hong Kong Special Administrative Region (Ratification: 1997)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Hong Kong Special Administrative Region (notification: 1997)

Application of the Convention in practice. The Committee notes the following statistics provided by the Government: (i) as of 31 December 2022, there were 270 civil service trade unions registered in the HKSAR, with a total declared membership of 199,374; and (ii) there were 94 Departmental Consultative Committees established in 54 departments as of 31 May 2023. The Committee requests the Government to continue to provide statistics on the number of trade unions existing in the HKSAR.

Article 7. Procedures for determining terms and conditions of employment. The Committee takes due note of the Government’s indication about the existing Departmental Consultative Committees. The Committee requests the Government to provide specific information on the mechanisms through which the representatives of public employees participate in the determination on their terms and conditions of employment.

Article 8. Settlement of disputes. The Committee requests the Government to provide information on the existing mechanisms in case of disputes arising from the determination of terms and conditions of employment of public employees, highlighting in particular how mediation, conciliation or arbitration are used in practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report which contains information on a dispute with a number of civil service staff associations over the enactment of the Public Officers Pay Adjustment Ordinance which implemented a pay reduction decision in the civil service in 2002. The Committee notes that according to the Government this issue is still pending before the Court for judicial review. It also takes note of the conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 2253 which concerned the same issue (334th Report, paragraphs 309-320). The Committee notes in particular that the Committee on Freedom of Association requested the Government to accept in the future the appointment of the committee of inquiry provided in the 1968 Agreement between the Government and the main staff associations in case of dispute over the determination of the terms and conditions of employment of public employees. The Committee requests the Government to indicate in its next report the outcome of the pending judicial procedures and to transmit the text of the judicial decision handed down on review. It reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the observation of the Hong Kong Confederation of Trade Unions (HKCTU) and the reply of the Government thereto.

1. Article 7 of the Convention. The HKCTU indicates that as regards the possibility for staff representatives to participate in the determination of their employment conditions, staff associations have to be admitted first in order to gain representation in the consultation machinery at the central level. The Government states that representation in central consultative councils is not by appointment although it is correct that staff associations or unions have to be admitted first in order to gain such representation. The Government points out that the process of gaining admission is objective, transparent and involves consultation with existing staff side members of concerned central councils. Unions will be admitted to central councils as long as they meet objective numerical criteria which are designed to ascertain that they are representative and competent enough to perform the role of central consultative council members (500 or 25 per cent, at the departmental level).

The Committee thus observes that appropriate consultative machinery is in place at the central level which allows staff representatives to participate in the determination of civil service employment matters.

2. Article 8. The Committee once again notes the HKCTU's statement that it does not believe that the principles of the Convention pertaining to the settlement of disputes in the public services are applied by the Government in practice which denies civil servants the right to an independent resolution of their disputes. In this respect, the HKCTU refers to a recent pay dispute between the Government and the civil servant workforce in which all the unions had asked for arbitration but the Government had refused it even after the Legislative Council had passed a resolution for arbitration.

The Government reiterates that where a dispute between the Government and the staff side cannot be resolved through negotiation, the matter can be referred to an independent committee of inquiry under the 1968 Agreement made between the Government and the three main staff associations. However, it is laid down in the Agreement that such a committee will not be invoked on a matter which is trivial, of settled public policy, or affects the security of Hong Kong. The Government indicates, in this respect, that the pay dispute cited by the HKCTU concerns a settled public policy and is outside the purview of arbitration by a committee of inquiry. It is therefore not appropriate to refer to this case as an illustration that civil servants are denied the opportunity of an independent resolution to disputes.

The Committee would once again recall that under Article 8, the settlement of disputes in the public service should be sought "through negotiation between the parties or through independent and impartial machinery, such as mediation, conciliation and arbitration, established in such a manner as to ensure the confidence of the parties involved". The Committee would therefore request the Government to ensure in future that the principles of the Convention will be applied to the settlement of such disputes.

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

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the detailed information supplied by the Government in its report, as well as the observations of the Hong Kong Confederation of Trade Unions (HKCTU) and the reply of the Government thereto.

1. Article 7 of the Convention. The Committee takes note of the information provided by the Government on the functioning, in practice, of the consultation and collective bargaining machinery. It further notes the comments by the HKCTU indicating that it does not share the Government's view that the machinery has worked well and that the present system should be replaced by collective bargaining.

The Committee would recall, however, that Article 7 requires measures appropriate to national conditions to be taken for the development and utilization of machinery for negotiation or of such other methods allowing staff representatives to participate in the determination of their employment conditions. It observes that consultative machinery is in place at the central, departmental and personal levels which allows staff representatives to participate in the determination of civil service employment matters.

2. Article 8. The Committee notes the HKCTU's statement that it does not believe that the principles of the Convention pertaining to dispute settlement have been applied to the settlement of disputes in the public services. The decision to establish an independent committee of inquiry to resolve a dispute rests with the Governor, and he has often been unwilling to do so.

The Committee recalls that under Article 8, the settlement of disputes should be sought "through negotiation between the parties or through independent and impartial machinery ..., established in such a manner as to ensure the confidence of the parties involved". It observes in this respect the Government's reply, that disputes between the Government and the staff side are settled through consultation and continued dialogue and that, where they cannot be resolved after full and proper consultation, and after exhausting other existing administrative channels, the matter can be referred to an independent committee of inquiry under the 1968 Agreement made between the Government and the three main staff associations. Moreover, to ensure impartiality, both parties can each nominate a member to the committee, the Chairman of which will be appointed by the Governor of Hong Kong. The Governor can decide to invoke a committee of inquiry or the staff side can request him to do so. However, it is laid down in the Agreement that such a committee will not be invoked on a matter which is trivial, of settled public policy, or which affects the security of Hong Kong.

The Committee trusts that in future, the principles of the Convention will be applied to the settlement of disputes in the public service, so as to ensure the confidence of the parties involved.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the decisions by the Committee on Freedom of Association in Case No. 1553 (277th and 281st Reports, approved by the Governing Body at its 249th and 252nd Sessions, February-March 1991 and 1992).

1. Article 7 of the Convention. The Committee takes note of the information provided by the Government in reply to its previous observation, and requests it to provide in its future reports information on the functioning, in practice, of the consultation and collective bargaining machinery.

2. Articles 5(2) and 8. The Committee notes the conclusions of the Committee on Freedom of Association in Case No. 1553, which concerned a complaint of violations of freedom of association made by various postal unions.

The Committee recalls in this respect that, under Article 5(2) of the Convention, public employees' organisations should "enjoy adequate protection against any acts of interference by a public authority in their ... functioning or administration" and that under Article 8, the settlement of disputes should be sought "through negotiation between the parties or through independent and impartial machinery ..., established in such a manner as to ensure the confidence of the parties involved".

The Committee trusts that in future, these principles will be applied for the settlement of disputes in the public service, so as to ensure the confidence of the parties involved.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's reply to the communication, dated 1 May 198, from the Federation of Civil Service Union (FCSU).

The FCSU indicates that, with regard to Article 7 of the Convention, the Government has not intention of promoting machinery for negotiation of terms and conditions of employment so as to allow civil servants in Hong Kong to bargain collectively their employment conditions. It has only adopted a consultative machinery and the existing body was appointed in 1968 with no element of democratic status, and with little change since then. This Senior Civil Service Council (SCSC) only has limited coverage and the Government only informs it of certain issues affecting civil servants and ignores any objections the Council might have.

The Government points out that collective bargaining is only one of the many ways to effect an exchange of views between employees and employers and the system of joint consultation has been preferred in Hong Kong because it is appropriate to conditions there. Although voluntary negotiation is encouraged, the main difficulty in applying collective bargaining is that the Hong Kong civil service is characterised by a large number of unions/staff associations, making the establishment of a single viewpoint for bargaining purposes a formidable task. As for the SCSC, the Government states that since 1982 certain high-level staff are not covered by it and that in the near future a separate consultative council will be set up for the general disciplined service; these changes will readjust the number of staff represented by the SCSC to less than 100,000, and the membership of the three staff associations which set up is 40,000, equivalent to 40 per cent representation. The Government lists some of the continuous efforts made to develop the system of dialogue between civil service staff and management: the Standing Commission's 1979 review of consultative machinery, which led to its strengthening at the central level by the creation of a separate consultative council in 1982 for certain high-level staff; the setting up of 72 departmental level consultative committees; the 1987-88 review whose recommendations were open to comment from individual staff members, staff associations and department managements; the current collation of comments received on this most recent review with a view to the elaboration of an implementation programme in due course. According to the Government, this latest review reaffirmed that the existing consultative machinery is effective, but that further improvements recommended by the Standing Commission would make the system even better.

The Committee observes that Article 7 requires measures appropriate to national conditions to be taken for the development and utilisation of machinery for negotiation or of such other methods allowing staff representatives to participate in the determination of their employment conditions. It is clear from the Government's reply that consultative machinery is in place - and is regularly reviewed - allowing staff representative to have some say in the determination of civil service employment matters. The Committee is unsure, however, in view of the doubts expressed by the Federation of Civil Service Unions, whether the role accorded to the SCSC and the Standing Commission suffices as a method allowing staff representatives to participate actively in the determination of employment conditions affecting their membership. It accordingly requests the Government to inform it of the recommendations made by the most recent review of the consultative machinery, of the proposals elaborated to implement these recommendations and to give details on the practical functioning of the current machinery in so far as it relates to Article 7 of the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that a communication, dated 1 May 1989, has been received from the Federation of Civil Service Unions concerning the application of Conventions Nos. 87, 98 and 151 (Article 7, in particular, of the latter).

Since the Government's comments on these observations have not yet been received, the Committee trusts that it will have a reply on these matters in time for its next session.