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THE HONG KONG GOVERNMENT GAZETTE, APRIL 4, 1941.
Recording of departures from trade practices.
ment observable by an employer in the same trade or industry in the same district; or
(e) any statutory provisions relating to remuneration, rates of wages, hours or working conditions, unless those provisions are themselves less favourable than the provisions of any such agreement, decision or award as is mentioned in the foregoing provisions of this paragraph, being an agree- ment, decision or award relating to the particular employer concerned or any employers' organization of which he is a member or to which such an employer or such an organiza- tion is a party.
(3) If any question arises as to the nature, scope or effect of the recognized terms and conditions in any trade or industry in any district or as to whether an employer is observing the recognized terms and conditions or is observing terms and conditions which are not less favourable than the recognized terms and conditions, that question may be reported to the Labour Officer by any organization of employers or workers which in the opinion of the Labour Officer is an organization that habitually takes part in the settlement of wages and working conditions in the trade or industry concerned and if so reported the question shall thereupon be dealt with in the same manner as if it were a trade dispute reported to the Labour Officer under the pro- visions of Article 4 and the provisions of that Article shall apply accordingly: so, however, that in making an award on any question referred by the Labour Officer by virtue of the powers conferred by this paragraph the Employment. Arbitration Tribunal shall have regard not only to the pro- visions of paragraph (2) of this Article, but also to any collective agreements concerning the terms and conditions of similar workers in comparable trades or industries.
(4) Where an award has been made by the Employment Arbitration Tribunal in consequence of a report made under the foregoing provisions of this Article then as from the date of the award or from such date as the Tribunal may direct, not being earlier than the date on which the question to which the award relates first arose, it shall be an implied term of the contract between the employer and workers to whom the award applies that the rate of wages to be paid and the conditions of employment to be observed under the contract shall, until varied by a subsequent agreement, decision or award such as is mentioned in the foregoing pro- visions of this Article, be in accordance with the award.
(5) Any reference in this Article to an agreement, decision or award shall be construed as a reference to that agreement, decision or award as modified by any subsequent agreement, decision or award.
PART IV.
Departures from trade practices.
8. Where in any industry or undertaking (or in any branch or department of an industry or undertaking) there is or has been during the period of the present emergency any departure from a trade practice, the following provisions shall have effect-
(1) any employer or organization directly affected by such a departure may submit to any other organization or employer directly so affected a memorandum in duplicate