LEGISLATIVE COUNCIL BRIEF
REVIEW ON THE LABOUR RELATIONS SYSTEM IN HONG KONG
INTRODUCTION
The Education and Manpower Branch and the Labour Department have completed a review on issues relating to labour relations. The recommendations are as follows -
(a)
(b)
(c)
(d)
(e)
(f)
the trade dispute settlement procedures under the Labour Relations Ordinance (LRO) (Chapter 55) be amended in order that -
(i)
(ii)
⚫the Commissioner for Labour may, on receipt of a report by a conciliation officer, submit a report on the trade dispute to the Governor in Council. [paragraph 7(a)]; and
a mediation procedure be introduced [paragraph 7(b)];
the existing policy of encouraging voluntary collective bargaining be maintained (paragraph 11);
an employee's eligibility to severance payment and long service payment be retained if he is summarily dismissed for refusal to work during the strike period provided the employee has given not less than seven days' written notice to his employer before taking strike action (paragraph 15);
the existing legal provisions regarding picketing be retained (paragraph 17);
individual employees, officials and members of trade unions be given immunity from certain tortious acts committed in contemplation or furtherance of a trade dispute (paragraph 19);
an employee who is dismissed on ground of union membership or activities may make a compensation claim to the Labour Tribunal, and the burden of proof that the dismissal is not discriminatory should rest with the employer (paragraph 22).