Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Région administrative spéciale de Hong-kong (Ratification: 1997)

The Committee takes note of the comments made by the Federation of Civil Service Unions in a communication dated 8 May 1989 concerning the situation of collective bargaining in practice.

In view of the fact that the Government has not yet responded to these comments, the Committee will examine them in detail along with the points raised in its previous direct request, during its regular examination of the application of the Convention.

In addition, it recalls its previous comments which read as follows:

The Committee notes the information supplied in the Government's report. The Committee notes that there are approximately 400,000 trade union members in Hong Kong. This represents some 14 per cent of the total workforce. The Committee also notes that there are some 88 "comprehensive" collective agreements known to the Labour Relations Division. These agreements apply to 120,000 workers, representing approximately 4 per cent of the total workforce. These figures appear to have remained more or less constant over a substantial period.

The Committee is mindful of the explanatory factors referred to in the Government's report for 1982-84, as amended in the reports for 1984-86 and 1986-88. Nevertheless, the levels of union membership and of bargaining coverage do appear to be disproportionately low. This appears to be inconsistent with the "growing tendency towards collective bargaining in some of the large public utilities" to which the Government referred in its report for 1982-84. Accordingly, the Committee requests the Government to provide more detailed information as to the reasons for the low levels of union membership and bargaining coverage in Hong Kong. The Committee also requests the Government to provide more detailed information as to the activities of the Labour Department in promoting collective bargaining as required by Article 4 of the Convention.

Articles 1 and 2. The Committee requests the Government to indicate the legislative provisions, accompanied by civil remedies and penal sanctions, which protect the workers against acts of anti-union discrimination, and the workers' organisations against acts of interference by employers or their organisations.