CONFIDENTIAL
RECEIVED IN
REGISTRY No. 51
機密
(11)
For discussion
o: 25th June 1974-
2nd July 1974.
· 4 JUL 1974
Акк JKK514
XCC(74)46
Copy No. 3.2...
MEMORANDUM FOR EXECUTIVE COUNCIL
EMPLOYMENT (AMENDMENT) (NO 3) BILL 1974
PROTECTION OF WORKERS AGAINST ANTI-UNION DISCRIMINATION
A.
On 30th October 1973 Honourable Members considered memorandum XCC(73)92 at Annex A and advised that the proposed bill, then referred to as the Employment (Amendment) (No 3) Bill 1973, should be reconsidered after information had been obtained as to the extent to which legislation in other countries complied with the full provisions of International Labour Convention No 98.
B
C
2
At Annex B is a list of the 93 countries and the 24 non- metropolitan (i, e. dependent) territories which had accepted the obligation to comply in full with the provisions of this Convention as at June 1973. The proposed bill contains provisions similar to those found in the legislation of some of the South-East Asian countries on this list (including Singapore) except that, as originally drafted, it would not meet the requirements of clause 2(a) of Article 1 of the Convention. Thus in the revised draft of the bill at Annex C an additional provision has been inserted into clause 3 to the effect that any person who in the engagement of persons for employment:
(a) discriminates against a person because of his trade union
membership or activities or his association with persons applying for registration of a trade union; or
(b) makes it a condition of an offer of employment that the
person to whom the offer is made will relinquish his membership or office in a trade union if he is a member or officer, or will not join or become an officer in a trade union, or will not associate with persons for the purpose of applying for registration of a trade union,
shall be guilty of an offence.
3
Honourable Members will be asked to advise whether, in the light of the number of countries and dependent terrritories which have ratified or applied this Convention and the importance attached internationally to this matter, the draft bill amended along the lines indicated at paragraph 2 above, should now be introduced into the Legislative Council.
CONFIDENTIAL
機密