XN000022-1997-04-22 — Page 13

Government opposes the Member's Bill on unfair dismissal

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The Government does not support the Unfair Dismissal Bill a Member's Bill sponsored by the Hon Leung Yiu-chung and to be introduced into the Legislative Council tomorrow (Wednesday).

The Bill seeks to provide for the right of an employee not to be unfairly dismissed and to make provisions for remedies for unfair dismissal.

Commenting on the Member's Bill, a Government spokesman said today (Tuesday): "The introduction of the Unfair Dismissal Bill at this point in time is totally unwarranted. The Government has on March 19 introduced into the Legislative Council the Employment (Amendment) (No 2) Bill 1997. This Government's Bill seeks to strengthen protection for employees against unreasonable termination of employment and variation of contract terms as well as unlawful dismissal on the grounds of pregnancy, sick leave, work-related injury, participation in union activities and giving evidence in legal proceedings regarding labour legislation."

"The proposals under the Government's Bill have been discussed and endorsed by the Labour Advisory Board (LAB) whilst those under the Member's Bill have not. As such, the Government's proposals strike a reasonable balance between the interests of employers and employees. They also form a more balanced and prudent package of improvement proposals than those under the Bill," the spokesman said.

"This Member's Bill seeks to increase the remedies for dismissals to employees without taking adequate account of the interest of the employers.

"The proposed level of awards for dismissals will place a serious financial burden on employers. It will induce more disputes between employers and employees and is not conducive to harmonious industrial relations generally.

"This will in turn deter overseas investments in Hong Kong and will adversely affect the overall employment opportunities of the local workforce in the long run," the spokesman explained.

"This Member's Bill also empowers the Labour Tribunal to make a re- instatement or re-engagement order without securing the mutual consent between the employer and employee.