THE HONG KONG GOVERNMENT GAZETTE, APRIL 4, 1941.
ment
5. The Labour Officer may refer to the Employment References Arbitration Tribunal for advice any matter relating to or to Employ- arising out of a trade dispute or trade disputes in general or Arbitration trade disputes of any class or any other matter which, in his Tribunal opinion, ought to be so referred.
PART II.
Lock-outs and strikes.
for advice.
and strikes.
6. An employer shall not declare or take part in a Prohibition lock-out and a worker shall not take part in a strike in of lock-outs connexion with any trade dispute unless the dispute has been reported to the Labour Officer in accordance with the pro- visions of Article 4 and twenty-one days have elapsed since the date of the report and the dispute has not during that time been referred by the Labour Officer for settlement in accordance with the provisions of that Article.
PART III.
Recognized terms and conditions of employment.
to observe
7.--(1) Where in any trade or industry in any district Obligation there are in force terms and conditions of employment which recognized have been settled by machinery of negotiation or arbitration terms and to which the parties are organizations of employers and conditions. organizations of workers representative respectively of sub- stantial proportions of the employers and workers engaged in that trade or industry in that district (hereinafter referred to as "recognized terms and conditions") all employers in that trade or industry in that district shall observe the recognized terms and conditions or such terms and condi- tions of employment as are not less favourable than the recognized terms and conditions.
(2) For the purposes of this Article, and subject to the provisions of paragraph (4) hereof, terms and conditions of employment shall not be deemed to be less favourable than the recognized terms and conditions if they are in accordance with the terms and conditions relating to workers engaged in similar work which are applicable under-
(a) any agreement to which the parties are organiza- tions of employers and organizations of workers which are representative respectively of substantial proportions of the employers and workers engaged or employed in the trade or industry in the district in which the employer is engaged; or
(b) any decision of an arbitration board or other similar body constituted by organizations of employers and organiza- tions of workers which are representative respectively of substantial proportions of the employers and workers engaged or employed in the trade or industry in the district in which the employer is engaged; or
(c) in the absence of any such agreement or decision as is mentioned in the foregoing provisions of this paragraph, any agreement between the particular employer concerned and an organization which is representative of a substantial proportion of workers employed in the trade or industry in which the employer is engaged; or
(d) any award made by the Employment Arbitration Tribunal or any other body or person acting in the capacity of arbitrator relating to the terms and conditions of employ-
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