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CAP. 57]
Employment
PART IVA
[1988 Ed.
PROTECTION AGAINST ANTI-UNION DISCRIMINATION
Application of Part IVA
21A. (1) Section 21B shall apply to every employee whether or not he is employed by way of manual labour and whether or not his wages exceed the amount specified in section 4(2)(a).
(2) Section 21C shall apply to every person to whom an offer of employment is made or is about to be made or who otherwise is, or is in the position of, a prospective employee, whether or not the employment is to be by way of manual labour and whether or not the wages offered or to be offered exceed the amount specified in section 4(2)(a).
(Amended, 48 of 1984, s. 11)
Rights of employees in respect of trade union membership and activities
21B. (1) Every employee shall as between himself and his employer have the following rights-
(a) the right to be or to become a member or an officer of a trade union registered under the Trade Unions Ordinance (Cap. 332);
(b) where he is a member or an officer of any such trade union, the right, at any appropriate time, to take part in the activities of the trade union;
(c) the right to associate with other persons for the purpose of forming or applying for the registration of a trade union in accordance with the provisions of the Trade Unions Ordinance.
(2) Any employer, or any person acting on behalf of an employer, who- (a) prevents or deters, or does any act calculated to prevent or deter, an employee from exercising any of the rights conferred on him by subsection (1); or
(b) terminates the contract of employment of, penalizes, or otherwise discriminates against, an employee by reason of his exercising any such right,
shall be guilty of an offence and shall be liable on conviction to a fine of $20,000. (Amended, 24 of 1988, s. 2)
(3) In this section-
"appropriate time" means, in relation to an employee taking part in any activities of a trade union, time which either--
(a) is outside his working hours; or
(b) is a time within his working hours at which, in accordance with arrangements agreed with or consent given by or on behalf of his employer, it is permissible for him to take part in those activities;