XN000022-1997-04-07 — Page 9

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The Bill seeks to give new rights to individual employees who are members of trade unions. They include the rights to be represented by a trade union on employment matters; to be consulted by their employer through a representative trade union on matters affecting their interests; and to be covered by a collective agreement negotiated by a representative trade union with their employer.

The spokesman explained that, if passed, the Bill would not be conducive to industrial harmony. "It may induce rivalry amongst unions arising from the competition for more members in order to meet the criteria for union recognition, and this may give rise to disputes among employees who are unionised and those who are

not.

"Also, the detailed procedures for determining union representation for the purpose of collective bargaining under the bill would impede the operation of the current mechanism for prompt dispute resolution through direct and voluntary negotiations between the employer and employees," he added.

The spokesman pointed out that the Bill required an employer to consult his employees when considering such business plans as changes in ownership, relocation and re-structuring.

"This will lead to unnecessary intervention in the investment plans of the current owner and potential investors. As a result, it will discourage investment in Hong Kong and ultimately affect the employment opportunities of the local workforce," he said.

"The Bill increases the rights of employees without taking adequate consideration of the interests of employers. While an employer has the obligation to disclose necessary information when he proposes changes in the ownership of the undertaking, and restructuring etc., there is no obligation on the trade unions to keep proper charge of the information. If an employer fails to perform his duty under the law, an employee and his union have the right to file a claim at the Labour Tribunal which may order the employer to take certain actions. However, there is no provision for the Tribunal to order an employee or the union to take certain actions," the spokesman added.

Lastly, he said that the Bill had not gone through the process of tripartite discussion among Government, employer and employee representatives at the Labour Advisory Board (LAB).

"As a matter of principle, the Government will not support legislative initiatives on labour issues which have not been discussed by the LAB," he said.

End