Annual Report 2004
Chapter 3
Labour Relations
The Programme of Labour Relations |
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| 3.1 |
In Hong Kong, employer and employee relations are largely premised on the freely negotiated terms and conditions of employment entered into the two parties. Employers and employees in Hong Kong are free to form trade unions and participate in union activities. Trade unions are required to be registered under the Trade Unions Ordinance. The objective of the Labour Relations Programme is to maintain and promote harmonious labour relations in the non-government sector. We achieve this by:
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| 3.2 | The principal legislation administered by this programme area includes the Employment Ordinance (EO), the Labour Relations Ordinance, the Minor Employment Claims Adjudication Board Ordinance and the Trade Unions Ordinance (TUO). | ||
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| 3.3 | With the provision of a comprehensive set of employment standards, the EO is the main piece of legislation governing conditions of employment in the non-government sector. The procedures for settling labour disputes in the non-government sector are provided in the Labour Relations Ordinance. The Minor Employment Claims Adjudication Board Ordinance establishes a machinery known as the Minor Employment Claims Adjudication Board (MECAB) to adjudicate minor employment claims when settlement cannot be achieved by conciliation. For the regulation of trade unions, the TUO provides a statutory framework for trade union registration and administration. | ||
Our Work and Achievements in 2004Key Indicators of Work |
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| 3.4 |
Some key indicators of work of the Labour Relations Programme Area are contained in Figure 3.1. |
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Conciliation and Consultation Services |
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| 3.5 |
Our consultation and conciliation services have contributed
to the maintenance of industrial peace. In 2004, we
handled 112 997 in-person consultations,
270 labour disputes and 28 396 claims.
The number of labour disputes and claims handled in
2004 was 16 per cent down on the figure of 34 116 cases in 2003. It was the lowest since 1998.
Altogether 67.3 per cent of the cases handled in 2004
were resolved amicably through conciliation, the highest
settlement rate since 1994. Only two strikes were recorded
in 2004. As a result, the number of working days lost
per 1 000 salaried employees and wage earners
was 0.11, which is among the lowest in the world. (Figures
3.2-3.7)
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Strengthening Tripartite Cooperation |
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| 3.6 | To promote tripartite collaboration at the industry level with a view to fostering harmonious labour relations, nine industry-based tripartite committees have been set up in the catering, construction, theatre, logistics, property management, printing, hotel and tourism, cement and concrete as well as retail industries. These tripartite committees provide useful forums for representatives of employers, employees and the Government to discuss issues of common concern in these industries. In 2004, we worked closely with the nine industry-based tripartite committees to promote the adoption of good human resources management practices among the respective industries. To this end, we have prepared guidebooks highlighting good human resources management practices and labour laws of special interest to the respective industries. In September, a large-scale seminar was organised to promote partnership between employers and employees and good customer services in the catering, retail and hotel and tourism industries. | ||
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Promotion of Good Employer-Employee Relations |
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| 3.7 | To promote better public understanding of the EO and good labour management practices, various promotional activities such as briefings and talks were organised for employers, employees and human resource professionals. We also produced a reference kit to enhance public understanding of the major provisions of the EO in an interesting manner. A specially designed folder was produced to facilitate easy keeping of a comprehensive set of employment-related records among employees to enhance protection of their interests under labour laws. | ||
| 3.8 |
Publicity information was disseminated through the mass media. We published articles of cases on the EO in the printed media and launched a new Announcement of Public Interest on television to further promote partnership between employers and employees. |
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Adjudication of Minor Employment Claims |
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| 3.9 |
The Minor Employment Claims Adjudication Board provides a speedy, informal and inexpensive adjudication service to members of the public. It is empowered to determine employment claims involving not more than 10 claimants for a sum not exceeding $8,000 per claimant. |
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| 3.10 |
In 2004, the board recorded 2 507 claims
amounting to $10,426,804 and concluded 2 594
claims with a total award of $5,943,631.
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Regulation of Trade Unions |
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| 3.11 |
The Registry of Trade Unions promotes sound and responsible trade union administration, and is entrusted with the statutory duty to register trade unions, process and register their rules, and examine their annual audited statements of account to ensure that trade unions comply with the TUO. |
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| 3.12 |
As at the end of the year, there were 659 employee unions. In 2004, 21 new trade unions were registered while six trade unions were deregistered, making up a cumulative total of three registered trade union federations and 704 registered trade unions (comprising 659 employee unions, 23 employer unions and 22 mixed organisations of employees and employers). Please refer to the following webpage for the key trade union statistics: http://www.labour.gov.hk/eng/labour/content3.htm. |
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| 3.13 |
In the year, the Registry of Trade Unions examined 601 statements of account and conducted 366 inspection visits to trade unions to ensure that their administration and financial management were in compliance with the TUO. To facilitate trade union officers in acquiring knowledge of union law and management, the Registry organised six courses on trade union bookkeeping, auditing and provisions of the TUO. |
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