CO129-626-3 Labour Department- report to Labour Commissioner 1-3-1951 - 30-6-1952 — Page 70

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Priority of workers' Wages.

This needs clarification.

It is generally

considered that at least a proportion of a worker's wages outstanding should have priority over the claims of other secured creditors,

(1) Abstract of Labour Laws.

A

There is no statutory provision for the exhibition of an abstract of Labour Laws and as a result workers often appear to hold the view that the laws of China apply in Hong Kong. This fact is emphasised by the frequency with which claims are made for "severance pay" and other provisions peculiar to the law of China.

(m) Minor Disputes.

The present method of dealing with minor ad industrial disputes regarding wages appears to be on a basis of compromise and if this fails the worker is advised to obtain redress by resort to the Magistrates Court. The average worker, even if he has a very good case, does not like to do this; in fact most of them are quite incapable of stating their own cases in Court with any hope of success and fow can afford to employ a lawyer. Indeed the amounts claimed seldom warrant the expense of legal assistance. The result is that the less reputable cmployers are able to deny liability with some impunity. This is clearly wrong and there is no doubt that the ignorant labourer is entitled to greater protection than he gets at present.

There are two well proven methods of obviating this defect. Either the Labour Officer, where he is satisfied that the worker has a good case, acts as the worker's friend and represents his case to the Magistrate's Court or, alternatively, he is vested with powers to make an order, subject to appeal to the Court. The former method, although effective, gives the smaller employers the impress- ion that the Department of Labour is on the side of the workers, whereas he should be regarded as strictly impartial. I have accordingly proposed the latter course which has been operated success- fully in Singapore and Malaya for many years and provides quick and effective justice. It also obviates placing a further strain on the already overworked Magistrates' Courts. There is, of course, a further alternative. Labour Court could be established at which Justices of the Peace would preside but if such a course were adopted their responsibilities would have to be clearly defined. They would have to be sufficiently wide to enable the Court to give decisions on all

minor cases which could not be satisfactorily

settled by the Department of Labour but should

と

prevent the court power becoming an Industrial

Arbiliation Tribunal and dealing with what might be termed collective disputes.

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