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It may be noted that the Governor has so far given consent to all applications for external affiliation.
(2) Right to Bargain Collectively (ILO Convention 98)
Kong
The Hong
Government maintains that employers and employees should be left free to decide between them what kind of agreement they want to reach, what its terms shall provide and how best to secure that all the parties concerned fulfil their part of the bargain. The purpose of the collective agreement can only be attained if its provisions are observed in good faith by the parties. It is considered impracticable to require by law one party to enter into any collective agreement with the other on conditions of employment in view of Hong Kong's circumstances such as a high labour mobility, a low union participation rate (about 19%) and predominance of small employers (about 93% of establishments have less than 20 employees).
The
promotion of the "Labour Management Joint Consultative Committee" is for the purpose of improving management/staff communication. It is incorrect to say that it is intended to replace the trade unions in collective bargaining.
In line with the provisions of ILO Convention No. 98, the Hong Kong Government has taken measures appropriate to local conditions to encourage and promote voluntary negotiation between employers and employees or their respective organisations. The Labour Department promotes the formation of consultative machinery at enterprise level and tripartite dialogue at the industry level.
The Department's conciliation service is available free of charge to employers and employees and their organisations. This service covers disputes of rights and disputes of interests. In the process of joint negotiation, the parties are encouraged as a rule to conclude, where possible, a written agreement on the terms of settlement.
The Hong Kong Government will continue to encourage voluntary negotiation and the development of tripartite meetings involving representatives of employers or employers' associations, trade unions and other labour groups through conferences, seminars and training