XN000022-1997-02-14 — Page 2

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Government opposes Bill on anti-union discrimination

The Government does not support the Employment (Amendment) Bill 1997 proposed by the Honourable LEE Cheuk-yan and gazetted today (Friday).

The Member's Bill seeks to increase the existing penalties for offences against provisions on anti-union discrimination and to give the District Court extensive powers to make orders on employment matters.

A spokesman for the Education and Manpower Branch said today that the Bill sought to improve employees' benefits in respect of anti-union discrimination without considering the legitimate interests of employers.

"This will not be conducive to the maintenance of a harmonious employer-employee relationship in Hong Kong.

"The existing penalty for offences relating to anti-union discrimination is in line with that for dismissals of employees on the grounds of pregnancy and of sick leave which are also prohibited under the law. The penalty level was last revised in December 1995. We do not see the need for the substantial increase proposed under the Bill.

The Bill also proposes that the court may make, as remedies for civil proceedings relating to acts of anti-union discrimination, orders for, among other things, employment, re- employment and even promotion of the employee, without the consent of the employer.

"The Government considers this proposal inappropriate. For example, an order for re- employment will only work if it is mutually agreed by both the employer and the employee. Once an employment relationship has turned sour, it would be difficult for an employee to continue working under the same employer," the spokesman said.

The spokesman went on to say that the Bill represented a unilateral attempt to amend labour legislation without going through the process of tripartite discussion amongst Government, employers and employees at the Labour Advisory Board(LAB). As a matter of principle, the Government will not support any bill which has not been considered by the Board.

"The Government is planning to improve protection of employees against anti-union discrimination in the context of a legislative package to strengthen employment protection against unreasonable termination of employment and variation of terms of employment contract which was drawn up on the basis of a consensus reached by the LAB. The relevant legislative amendments will be introduced into the Legislative Council within the current session. This Member's Bill contains provisions substantially different from the proposals agreed by the LAB and on which the LAB has not been consulted," he added.

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