WEDNESDAY, MAY 12, 1993
OVER
THAN
AND THE
SUCH AN ENVIRONMENT CLEARLY DOES NOT EXIST IN HONG KONG, WHERE 90% OF THE BUSINESS AND INDUSTRIAL ESTABLISHMENTS EMPLOY LESS 20 EMPLOYEES. IN SUCH CIRCUMSTANCES, COLLECTIVE BARGAINING IS UNLIKELY TO BE THE MOST EFFECTIVE MEANS FOR THE WORKERS AND THEIR EMPLOYERS ΤΟ NEGOTIATE THEIR TERMS OF EMPLOYMENT. IT WOULD IN ANY CASE SEEM UNNECESSARY TO INTRODUCE COLLECTIVE BARGAINING IN AN ENTERPRISE WHERE PRACTICALLY EVERY WORKER IS INDIVIDUALLY ABLE TO NEGOTIATE DIRECT WITH THE EMPLOYER IN RESPECT OF HIS OR HER TERMS CONDITIONS. IF THE BARGAINING PROCESS IS TO BE CONDUCTED BEYOND ENTERPRISE LEVEL, PROBLEMS REGARDING THE RECOGNITION OF WORKERS' ORGANIZATIONS OR TRADE UNIONS WOULD ARISE. THIS IS PARTICULARLY GIVEN THE RELATIVELY LOW RATE OF UNION PARTICIPATION IN HONG KONG. AT THE END OF 1992, ONLY 21 PER CENT OF THE WORKFORCE BELONGED TRADE UNIONS. ANY AGREEMENT REACHED THROUGH COLLECTIVE BARGAINING SUCH CIRCUMSTANCES WOULD BENEFIT ONLY A SMALL PROPORTION OF THE WORKFORCE IN THE PARTICULAR TRADE OR INDUSTRY IN QUESTION. ON THE OTHER HAND, SERIOUS PROBLEMS WOULD ARISE IF SUCH AGREEMENTS WERE TO BE EXTENDED, THROUGH LEGAL PROVISIONS, TO THOSE WHOSE VIEWS ARE NOT REPRESENTED BY TRADE UNIONS.
SO
AS
TO
IN
THUS, INSTEAD OF ADOPTING COLLECTIVE BARGAINING ON A FORMAL AND INSTITUTIONALIZED BASIS, THE HONG KONG GOVERNMENT HAS ADOPTED THE ALTERNATIVE APPROACH OF PROMOTING VOLUNTARY CONCILIATION OF DISPUTES AND THE ESTABLISHMENT OF JOINT CONSULTATIVE MACHINERY AT THE ENTERPRISE LEVEL.
WE
FIRMLY BELIEVE THAT THIS APPROACH HAS ACHIEVED THE DESIRED RESULTS. IN LARGE ENTERPRISES SUCH AS PUBLIC UTILITY COMPANIES, MACHINERIES FOR JOINT CONSULTATION OFTEN EXIST WHEREBY ELECTED EMPLOYEE REPRESENTATIVES MEET REGULARLY WITH THE MANAGEMENT TO DISCUSS VARIOUS MATTERS RELATING TO EMPLOYMENT CONDITIONS, WELFARE AND WORK SAFETY.
THERE IS ALSO A WELL-ESTABLISHED AND ELABORATE STAFF CONSULTATIVE MACHINERY IN THE CIVIL SERVICE. OUR EXPERIENCE HAS GENERALLY PROVED THAT JOINT CONSULTATION IS AN EFFECTIVE MACHINERY FOR VOLUNTARY LABOUR-MANAGEMENT DIALOGUE AND NEGOTIATION AT THE PLANT LEVEL.
SEVERAL MEMBERS HAVE SUGGESTED THAT WE SHOULD INTRODUCE LEGISLATION TO GIVE EFFECT TO THE CONCEPT AND PRACTICE OF COLLECTIVE BARGAINING. I SUBMIT THAT LEGISLATION IS NEITHER A PREREQUISITE FOR THE SUCCESSFUL OPERATION OF COLLECTIVE BARGAINING NOR A REQUIREMENT OF INTERNATIONAL LABOUR CONVENTION NO. 98 CONCERNING THE APPLICATION OF THE PRINCIPLES OF THE RIGHT TO ORGANISE AND TO BARGAIN COLLECTIVELY,
ARTICLE 4 OF THE CONVENTION STATES THAT
BE TAKEN, DEVELOPMENT BETWEEN
"MEASURES APPROPRIATE TO NATIONAL CONDITIONS SHALL WHERE NECESSARY, TO ENCOURAGE AND PROMOTE THE FULL AND UTILIZATION OF MACHINERY FOR VOLUNTARY NEGOTIATION EMPLOYERS OR EMPLOYERS' ORGANIZATIONS ORGANIZATIONS, WITH A VIEW TO THE REGULATION OF TERMS AND CONDITIONS OF EMPLOYMENT BY MEANS OF COLLECTIVE AGREEMENTS,"
AND
WORKERS'
THIS ARTICLE
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