Application
of Part IVA.
Right of employees in respect of trade
union
membership
and pet-
vitics.
fot. 1971 c. 32,
(5).1
* 501), (2),
(Cap. 332)
2
"PART IVA
PROTECTION AGAINST ANTI-UNION DISCRIMINATION
21A. (1) Notwithstanding section 4(2)(a), sec- tion 21B shall apply to every employee whether or not be is employed by way of manual labour and whether or not his wages exceed $2,000 per month,
(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 employes, 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 $2,000 per month.
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L
218. (1) Every employee shall as between him- self and bis employer have the following rights-
(a) the right to be or to become a member of an officer of a trade union registered under the Trade Unions Ordinance;
!
(b) where he is a member or an officer of any such trade union, the right, at any appro- priate 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
(6) 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 $5,000.
Offer of em- ployment conditional on offeree not being member of trade union.
(3) In this section-
3
"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
(6) 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;
"working hours" means, in relation to an employee, any time when, in accordance with his contract with his employer, he is required to be at work.
21C. Any person who, acting on his own or another's behalf, in the engagement of persons for employment includes in an offer of employment to any person a condition or requirement that the per- son to whom the offer is made shall undertake-
(a) if he is a member or officer of such a trade union, that he will relinquish his member- ship thereof or office thereia;
(6) not to become a member of, or officer in,
such a trade union; or
(c) not 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 Unioos Ordinance,
shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.”.
Passed by the Hong Kong Legislative Council this 31st day of July, 1974.
Clerk to the Legislative Council.