In a very limited number of corporations, collective bargaining has been adopted as a mode of regulation between management and employees. The adoption of collective bargaining is voluntary and a matter of individual practice, and it neither promoted by the Hong Kong Government nor protected by legislation. Since the adoption of collective bargaining is at the discretion of the employer, there is no legislation protecting the employees if the employer unilaterally breaches an agreement.. The case of Cable and Wireless and the Hong Kong Telephone Co. Ltd provides an example of the serious consequences which ensue. The Cable and Wireless (Hong Kong) Limited Staff Association and the trade union of the Hong Kong Telephone Co. Ltd, had been praised as two good examples of the small number of trade unions which had been granted the right to collective bargaining by their employers. In March 1991, after the merger between the two companies, the management suddenly dismissed over 1,000 employees without negotiating with the trade unions involved. Since collective bargaining is granted at the discretion of the employer the trade unions could not appeal for legal sánctions.
I hope that you will ensure that the ILO receives these comments. The HKCTU has no comments to make on the application of Conventions 45,108 and 148.
Yours sincerely,
Midiael Wakt
Secretary,
International Department.
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