WEDNESDAY, MAY 12, 1993

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SEM ON COLLECTIVE BARGAINING

* * * * * *

DEBATE

FOLLOWING IS THE SPEECH BY THE SECRETARY FOR EDUCATION AND MANPOWER, MR JOHN CHAN, IN THE LEGISLATIVE COUNCIL ADJOURNMENT ON COLLECTIVE BARGAINING:

MR PRESIDENT,

THIS DEBATE RAISES IMPORTANT ISSUES RELATED TO THE MECHANISM FOR CONDUCTING RELATIONS BETWEEN EMPLOYERS AND EMPLOYEES. IN TERMS OF THE QUALITY OF THOSE RELATIONS, HONG KONG, I AM PLEASED TO

SAY, HAS ONE OF THE BEST RECORDS IN THE WORLD. THIS IS A SITUATION WHICH I AM SURE WE WILL ALL WANT TO SEE CONTINUE AND, INDEED, IMPROVE FURTHER. THIS IS THE SPIRIT IN WHICH I SHOULD LIKE TO DISCUSS THE SUBJECT.

COLLECTIVE BARGAINING HAS BEEN ESTABLISHED IN MANY COUNTRIES AS A LEGITIMATE AND STABLE FRAMEWORK FOR JOINT LABOUR-MANAGEMENT · NEGOTIATION ON CONDITIONS OF EMPLOYMENT AND FOR RESOLVING CONFLICTING INTERESTS IN EMPLOYMENT RELATIONS. THE AVOWED MERITS OF COLLECTIVE BARGAINING ARE THAT IT PROVIDES A CHANNEL FOR WORKERS' PARTICIPATION IN THE DECISION-MAKING PROCESS AND AN OPPORTUNITY FOR ENHANCING THE UNDERSTANDING OF THE PARTIES REGARDING EACH OTHER'S POSITION, OBJECTIVES AND PROBLEMS. ANOTHER SIGNIFICANT STRENGTH UNDERLYING COLLECTIVE BARGAINING IS ITS ABILITY TO ELICIT THE WORKERS' CONSENT TO WORK UNDER THE TERMS OF AN AGREEMENT WHICH EMERGES FROM THE BARGAINING PROCESS,

RESULTING

STABLE

RELATIONS.

IN

EMPLOYMENT

FORMAL AND INSTITUTIONALIZED COLLECTIVE BARGAINING EXISTS IN MANY COUNTRIES, ESPECIALLY THOSE WHERE EMPLOYERS AND EMPLOYEES HAVE BEEN ABLE TO ESTABLISH REPRESENTATIVE AND SELF-GOVERNING INSTITUTIONS FOR THE PURPOSE OF PROTECTING AND ADVANCING THEIR RESPECTIVE RIGHTS. IT 18 INDERD A PREREQUISITE FOR THE SUCCESSFUL OPERATION OF COLLECTIVE BARGAINING THAT THOSE WHO PARTICIPATE IN THE PROCESS DO REPRESENT THE MAJORITY OF THE EMPLOYERS AND EMPLOYEES CONCERNED, AND THAT THE RESULTANT AGREEMENT IS BINDING ON ALL OF THEM. THUS, COLLECTIVE BARGAINING TENDS TO WORK EFFECTIVELY MAINLY IN AN ENVIRONMENT WHERE A SMALL NUMBER OF BUSINESSES EMPLOY LARGE NUMBERS OF PEOPLE, WHERE THE MAJORITY OF THE EMPLOYEES ARE REPRESENTED BY TRADE UNIONS AND WHERE BOTH SIDES CONSIDER IT MUTUALLY ADVANTAGEOUS TO AVOID THE TROUBLE EXPENSE OF NEGOTIATING AT THE LEVEL OF INDIVIDUAL ENTERPRISES.

AND

/SUCH AN

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