Chapter 3 Labour Relations
The Programme of Labour Relations
www.labour.gov.hk/eng/labour/content.htm
3.1In Hong Kong, employer and employee relations are largely premised on the stipulations of labour laws, and the terms and conditions of employment agreed and entered into between the two parties. Employers and employees are free to form trade unions and participate in union activities. The objective of the Labour Relations Programme is to maintain and promote harmonious labour relations in establishments outside the government sector. We achieve this by:
- giving advice on matters relating to conditions of employment, requirements of relevant labour legislation, and good human resource management practices;
- providing voluntary conciliation service to help employers and employees resolve their employment claims and labour disputes;
- promoting understanding of labour laws and encouraging good human resource management practices;
- adjudicating minor employment claims speedily through the Minor Employment Claims Adjudication Board (MECAB); and
- registering trade unions and their rules, organising courses and conducting visits to trade unions to bring about sound and responsible trade union administration.
3.2The principal legislation administered by this programme area includes the Employment Ordinance (EO), the Minimum Wage Ordinance (MWO), the Labour Relations Ordinance (LRO), the Minor Employment Claims Adjudication Board Ordinance (MECABO) and the Trade Unions Ordinance (TUO).
3.3The EO sets the basic standard on the conditions of employment that establishments outside the government sector have to meet. The MWO establishes a Statutory Minimum Wage regime. A set of procedures for settling labour disputes in establishments outside the government sector are provided for in the LRO. The MECABO establishes the machinery known as the 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 2023
Key Indicators of Work
3.4Some key indicators of work of the Labour Relations Programme Area are contained in Appendix 3.1.
Improvement to Employees' Benefits
3.5The Labour Advisory Board (LAB) agreed in principle to revise the "continuous contract" requirement under the EO by using the aggregate working hours of four weeks as the basis of calculation, and is deliberating on the working hour threshold. The Government would embark on the legislative amendment work after the LAB had reached a consensus on the review.
Conciliation and Consultation Services
3.6Our conciliation and consultation services are conducive to maintaining harmonious industrial relations in Hong Kong. In 2023, we held 52 248 consultation meetings, and handled 12 163 claims (each involving 20 or less employees) and 65 labour disputes (each involving more than 20 employees). Over 70% of cases with conciliation service rendered were settled in the year (Appendices 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7) .
Strengthening Tripartite Cooperation
3.7The Labour Department (LD) runs nine industry-based tripartite committees, covering catering, cement and concrete, construction, hotel and tourism, logistics, printing, property management, retail and theatre industries, to promote tripartite dialogue and collaboration at the industry level with a view to fostering harmonious labour relations among employers, employees and the Government. These tripartite committees provide effective forums for members to discuss issues of common concern to their industries. Employment-related matters such as good human resource management, labour relations and employment situation of the industries, occupational safety and health as well as abolition of MPF offsetting arrangement were deliberated in the year.
Members of an industry-based tripartite committee discussed issues of common concern to their industry at a meeting
Promotion of Good Employer-Employee Relations
3.8To enhance public understanding of the EO and to promote good human resource management culture, the LD organised various promotional activities and published free publications covering different themes for employers, employees, human resources professionals and the public. Relevant information was also disseminated through the LD's homepage and the media. We also widely publicised messages about good human resource management as well as statutory employment rights and protection through the extensive network of employers' associations and trade unions. Furthermore, we launched the Good Employer Charter 2024 to promote employers' adoption of good human resource management measures and implementation of family-friendly employment practices, so that the employed are able to fulfil both their work and family responsibilities.
The Labour Department published free publications covering different themes to enhance public understanding of the Employment Ordinance and to promote good human resource management culture
The Labour Department held the kick-off ceremony of the Good Employer Charter 2024, calling on employers to join the charter, and adopt good human resource management measures and implement family-friendly employment practices
3.9The LD organised experience-sharing sessions and briefings and published newsletters for members of 18 human resources managers' clubs established in different trades. We also published newspaper articles and comic strips, and placed advertisements in public transport network and periodic journals of major employers' associations and labour organisations to promote good human resource management. In the year, we launched a new set of TV and Radio Announcements in the Public Interest to encourage employers and employees to make prior work arrangements in times of adverse weather and "extreme conditions". Besides, to enhance the knowledge of ethnic minorities (EM) on the EO, promotional messages related to the EO were broadcast through radio programmes in EM languages, while "Employment Ordinance at a Glance" and other relevant publications in EM languages were distributed through the service centres of non-government organisations.
The Labour Department organised experience-sharing sessions and briefings for members of human resources managers' clubs established in different trades
Adjudication of Minor Employment Claims
3.10The MECAB provides a speedy, informal and less costly adjudication service for members of the public. The MECAB has jurisdiction to determine employment claims involving not more than 10 claimants for a sum not exceeding $15,000 per claimant.
3.11In 2023, the MECAB recorded 1 068 claims amounting to $8,097,918 and concluded 1 066 claims with a total award of $3,681,091.
Regulation of Trade Unions
3.12The Registry of Trade Unions (RTU) is responsible for administering the TUO and the Trade Union Registration Regulations, with a view to fostering sound trade union management and responsible trade unionism, ensuring trade unions' compliance with the law and their respective rules. Its major areas of work include registering trade unions and their rules, examining trade unions' annual statements of account and any other returns required by the law to be furnished to the RTU, conducting visits to trade unions and organising educational and promotional activities to enhance the understanding of trade union officers and paid staff on national security and trade union administration.
3.13In 2023, the RTU completed 26 registrations of new trade unions (comprising 25 trade unions and one trade union federation). As at end-2023, trade unions registered under the TUO totalled 1 452 (comprising 1 377 employee unions, 12 employer associations, 47 mixed organisations of employees and employers and 16 trade union federations). Please refer to the following webpage for the key trade union statistics: www.labour.gov.hk/eng/labour/content3.htm.
3.14In the year, the RTU examined 1 358 annual statements of account and conducted 406 visits to trade unions. The RTU organised courses to enhance the understanding of trade union officers and paid staff on national security, union management and trade union bookkeeping.