1A
(Summary Translation)
- 4 FEB 180
Submission • Hong Kong Confederation of Trade Unions & 2 Feb 23
Right to strike a basic human right of local rkers
Labour legislation allows disciplinary action and is biased tovards employers
OK
The 17-day strike of Cathay Pacific's flight attendant's has arised public concern on the right of strike by workers. The Company's inflexible position on the right take disciplinary action against strikers and its insistence that such an act is in compliance with the labour law reflect the inadequacy of the legislation.
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The Confederation has pointed out time and again in the past
the inadequacy of the labour law. Yet, no actions have been taken to safeguard the workers' right to strike.
In the final version of the agreement proposed by Cathay's Management to be signed by the employees, it is stated that "The Management will not take any action which is not within the provision of the Employment Ordinance (Cap. 57)". On the face of it, the Management openly declares that it will abide by the law, yet the real implications behind is that disciplinary action will be taken against strikers because the Employment Ordinance allows the Management to dismiss employees on strike. Under the present legislation, employees who refuse to work will be regarded as unilaterally breaking the contract, and under the Common Law, employers have the right to dismiss them without notice.
Employment Ordinance allows employers to dismiss employees without payment in lieu if an employee 'wilfully disobeys a lawful and reasonable order'. Section 21 which supposedly provides for protection against anti-union discrimination, is
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