10
MONDAY, OCTOBER 25, 1993
BY
WHICH
"THE MERIT OF THE MEDIATION PROCEDURE IS THAT THE MEDIATOR, VIRTUE OF HIS STATUS, MAY HAVE GREATER INFLUENCE ON THE PARTIES THAN A CONCILIATOR. FURTHERMORE, THE RECOMMENDATION OF THE MEDIATOR, CAN BE MADE PUBLIC, WILL EXERT PRESSURE ON BOTH PARTIES SHE SAID.
то COMPLY,
||
MRS FOK
ON THE ISSUE OF PROTECTION AGAINST UNFAIR DISMISSAL,
THE VIEW SAID THE GOVERNMENT, AFTER THOROUGH CONSIDERATIONS, WAS OF THAT THE INTRODUCTION OF UNFAIR DISMISSAL LEGISLATION IN HONG KONG WAS INAPPROPRIATE.
THE EMPLOYMENT
LEGISLATION
UPON
"THE PROVISION OF LONG SERVICE PAYMENTS UNDER ORDINANCE IS A PRACTICAL ALTERNATIVE TO UNFAIR DISMISSAL
EMPLOYEE DISMISSED AS IT PROVIDES MONETARY COMPENSATION TO A TERMINATION OF HIS EMPLOYMENT."
THE
AN PAYMENT TO WORK
IN ORDER TO ENHANCE THE PROTECTION OF EMPLOYEES ON STRIKE, COMMISSIONER FOR LABOUR SAID THE GOVERNMENT PROPOSED THAT EMPLOYEE'S ELIGIBILITY TO SEVERANCE PAYMENT AND LONG SERVICE SHOULD BE RETAINED IF HE IS SUMMARILY DISMISSED FOR REFUSAL DURING A STRIKE PERIOD.
"SUCH
WILL PROTECTION
BE PROVIDED
ONLY WHEN THE STRIKING EMPLOYEES HAVE GIVEN NOT LESS THAN SEVEN DAYS' WRITTEN NOTICE TO THEIR EMPLOYERS INDICATING THEIR INTENTION TO STRIKE.
DEPARTMENT
"THE SEVEN-DAY PERIOD WILL ENABLE BOTH PARTIES TO CALM DOWN AND TO HASTEN DIRECT NEGOTIATION AND WILL ALSO GIVE THE LABOUR TIME TO CONCILIATE IN THE DISPUTE, " MRS FOK ADDED.
TURNING
AND то
IN
COURT THE
DISCRIMINATION, ANTI-UNION TO THE PROTECTION AGAINST SHE SAID A PROPOSAL HAD BEEN MADE TO ENHANCE THE PROTECTION
THE
DIFFICULTY OVERCOME
TECHNICAL EMPLOYER'S INTENTION TO DISCRIMINATE.
UNION
OF
ESTABLISHING
GROUNDS OF COMPENSATION
"IN THE PROPOSAL, IF ANY EMPLOYEE IS DISMISSED ON MEMBERSHIP OR ACTIVITIES, HE MAY MAKE A CLAIM FOR TO THE LABOUR TRIBUNAL, AND THE BURDEN OF PROVING THAT THE DISMISSAL IS NOT DISCRIMINATORY SHOULD REST WITH THE EMPLOYER.
"EMPLOYERS FAILING TO DISCHARGE THE BURDEN OF PROOF LIABLE TO PAY A COMPENSATION TO THE EMPLOYEES," MRS FOK SAID.
WILL BE
SAID AFTER THE OVERALL
ON THE QUESTION OF COLLECTIVE BARGAINING, MRS FOK REVIEWING THE STATE OF DEVELOPMENT OF TRADE UNIONS AND LABOUR RELATIONS SITUATION IN THE TERRITORY, THE GOVERNMENT CONSIDERED IT
TO CONTINUE THE MORE ADVISABLE VOLUNTARY COLLECTIVE BARGAINING.
CURRENT
POLICY
OF
ENCOURAGING
14
IN
FACT, THIS POLICY HAS BEEN WORKING WELL SO FAR AS SEEN FROM OUR RECORD OF HARMONIOUS LABOUR RELATIONS.
CAN BE
**
COMMITTEE
THAT THE LAB'S VERY
MRS FOK SAID LAB MEMBERS WERE ALSO BRIEFED
ON
WHICH RELATIONS, LABOUR
COMPRISED REPRESENTATIVES FROM EMPLOYEES AND EMPLOYERS, WOULD BE ALL PROPOSALS.
EXPERIENCED CONSULTED ON
/"VIEWS TO