12. S.C.M. POST, THURSDAY, FEBRUARY 15, 1968
LEGAL MACHINERY FOR LABOUR DISPUTES
Commissioner outlines proposed
legislative
measures
Hongkong may have legal machinery for mediation of labour disputes in the future, the Com- missioner of Labour disclosed yesterday.
The Colony's recent labour troubles suggested that something more than voluntary mediation of .such disputes might be necessary, the Hon R. M. Hetherington told the Legislative Council.
Mr Hetherington also outlined some of the 33 items of proposed new labour legislation now under advisement in his department,
Included among them was one proposal to secure a statutory six-day week for adult male workers in in- dustry and in some services.
Mr Hetherington's speech, followed a request by the Hon J. Dickson Leach for information on recent re- ports about 33 items of fabour legislation being pre- pared.
Mr Dickson Leach was sup- ported by Dr the Hon S. Y. Chung in a debate on the ad- journment of Legislative Coun- cil.
Outlining his legislative pro.. gramme, Mr Hetherington said: "Last year was a momentous year for Hongkong, Among many of its significant features, one of special importance to me was the widespread and sustained interest in labour matters.
come
or
dustrial labour force keep the department constantly aware of current problems.
"The regular and daily ex- change of information between the public and officers of the department often raises difficul ties over distinguishing between problems which are temporary but urgent and those which re- quire more fundamental solu- tions. This is a dilemma for
101 most Government departments and one not peculiar to the Nonethe- Labour Department. less. I think that it is more acute: in the Seld of employment which. is an essential, immediate, and personal part of the daily life of most of us.
Programme
each work in Hongkong and person has individual problems. All these problems may at some time
to be considered, or individually generally directly or indirectly, by the Labour Department. In addition, there are many thousands of people from Hongkong working overseas and some of their prob- lems also come to the attention of the Labour Department,
**I am often askeri it the Labour
Department has con- sidered this or that problem. "Over 12 months ago, I de-
reply in all honesty
that
cided that one way which would the department is constantly best enable me to keep in mind considering an exceedingly the contribution which the wide
This Labour Department could make range of problems. inevitably so because Itowards improving the welfare, reckon that, each year, about health, and safety of the people
call at the offices
ices of Hongkong would be to set out in a departmental programme items of legislation which were then under consideration. As I am, concurrently, the Commis- sioner of Mines 1 included in this programme, for administra- tive convenience, items of legis- lation affecting the Mines Department. To ensure that the changing requirements of local
In previous 60,000 personent in person and
years public attention focussed intermittently on the labour scene and, more often than not, on some industrial dispute with dramatic appeal. I not only welcome this more serious ap- proach to the complex problems of labour. I consider that is long overdue.
Probably about 1.6m people
of the
that officers of the factory and labour inspectorates make about 33,000 visits to industrial under- takings.. In addition, about 20,000 personal interviews are conducted in respect of indus- trial and occupational injuries, These contacts with the general public and particularly the in-
circumstances were constantly
taken into account and that the progress of individual Items was kept under periodical examina- tion, the departmental pro- gramme has regularly been re- viewed at intervals of six weeks by the senior officers of both the Labour Department and Mines Department.
Priority
enes.
of ---
Government's
Mr Hetherington
reduction of the
Constitutional
"It would be misleading to the general public and derogatory to this Council if a blow-by-blow account of progress was to be made public. Nonetheless, the heightened interest in recent months in the activities of the Labour Department does, I be- lieve, justify some departure from the normal practice in this case.
through a great many changes asportant aspects of craft appren- a result of the necessary pro- ticeship would deal with the cesses of consultation, drafting contents of apprenticeship con- problems, changing circumst- tracts, the protection of appren. ances, and external factors of tices, and the approval of ap- timing.
prenticeship training schemes. Laler, a more comprehensive measure on industrial training may emerge from the advice given by the Industrial Training. Advisory Committee and its ten associated committees. I am also Co-operating with other depart- ments in considering legislation for a minimum age of employ- ment in hotel, restaurant, and boarding house trades, and, "Accordingly, I propose to re-possibly, also in hawking. veal in broad general terms the scope of the principal legislative measures which I am now examining for consideration by Government and, where appro- priate, by this Council. In out- fining this programme, I must clearly and emphatically state that I am only the departmental head
initiating this programme. I cannot dictate, althoughal form
I
may hope to influence, the or the time of introduction of any particular Bill into this Council nor, of course, the form in which it is eventually enacted. Welfare of workers
"Yet another related group of four items concerns those a5- pects of labour-management re- lations which usually attract most attention, Considerable interest has been shown in pased programme for the pro-
recent months in the problems. issive
of labour-management relations. mximum standard working
It is sometimes overlooked that hurs to eight hours a day and
between labour and
which most difficulties
arise 4 hours a week. In spite of the rmoval
manage- of these eight items
ment are solved directly by the fom the departmental pro
two parties concerned. Although gamme the number still stands
in 1966-67, the Conciliation "At these reviews, develop-
During 1967, new 33 items.
Section dealt with about ments
jers have are recorded, priorities
been added and
12,000 cases, I am quite sure that re-assessed, and, when neces- rther progress made with old
these represent only a small pro- sary, new items included.
portion of disputes of all kinds. Cognisance is taken
"The work of the Labour De- it is a
a proper function of the de- the extent to which the depart-
partment and the Mines Depart-partment to attempt to reconcile mental programune has been in-
ment falls within three main two parties who wish to turn to corporated into
"From time to time public re- groups of subjects. These are a neutral third party for help. overall legislative priority pro-ference has been made to the
safety, health and welfare. The
Recourse to voluntary concilia- some of the bulk of the proposals for legisla- gramme because the speed at subject matter of
tion has been the common and this pro- which the departmental pro-individual items in
tion broadly concerns welfare in generally successful method of no comprehensive
wide variety
of gramme is carried out depends gramme but
subjects.
A
procedure for over 20 years. account has been cificially given. ultimately on the priority accord-
measure of the highest priority constitutional and would affect the welfare of ed to individual items in Govern- Thero are
Illegal strikes ment's overall programice.
Inther good reasons for this. It is vast majority of workers. The
not customary or appropriate to draft Bill will deal with contracts "Nevertheless, recent ex- announce details of
of service and the protection of proposed
perience has suggested that ad- legislation until the principles wages. It will clarify the rights ditional machinery nay. be
by this have been approved
and obligations of workers and necessary to settle disputes not Council by, for example, employers who enter into con- amenable to
concilia- voluntary endorsement of a White Paper on tractual arrangements. It will, in tion. Studies
are in train
to policy or the introduction of a particular, distinguish between examine those problems to see particular Bill following publica- regularly-employed and casual any new legislation appears to tion. Trom the time when a Billworkers irrespective of the basis be desirable. I have already is first conceived until it is on which wages might
be cal stated in this Council in Decem- publicly brought before Honour.culated. It will also protect ber last year that, during 1963, able Members for consideration, vages in conformity with con-efforts would be made to replace it may, and often does, go
vention No 95 of the Interna- by permanent legislation the tional Labour Organisation, Illegal Strikes and Lock-outs Ordinance which at present must be renewed annually.
"You announced publicly last year, Sir, the existence of the departmental programme and stated that it contained about 33 items. That was the position at the thne. During 1967, eight separate items of new legislation became law. These included a major item of legislation con- cerning the welfare
of women and young persons in industrial employment which introduced
а
The
To
"The legislation under -02- sideration will seek to deal wi the problems of strikes and lock- outs which have an object other thap or in addition to the fur- therance of a trade dispute in essential services. The ngour- sugama po y be renewed apntially
"It is intended so to frame the Bill that other parts may be conveniently added in future. with The objective of compiling in due course a comprehensive ordinance dealing with the main problems of employment. An-
affecting gher measure
the Keiters of many workers con-
"It is intended so to frame the BD that other parts may be conveniently added in future. with the objective of compiling in due course a comprehensive ordinance dealing with the main problems of
employment. An
the affecting welfare of many workers con- cerns redundancy. The ex- perience of conciliation, officers reveals that redundancy and the fears of redundancy are respon- sible for many anxieties, It is understandable that workers are often bewildered, frustrated, and
against all risks of disputes but, angry over the turn of events when they lose their jobs in this
if operated with patience and way. I hope to be able to mutual understanding, will con- recommend statutory entitle-siderably reduce the risks.
Jother measure
ments for redundancy payments based on length of service and other relevant considerations.
"A third measure, which right eventually become part of the proposed employment ordinance, concerns fee-charging employ iment
agencies.
It would intro- duce comprehensive measures of kupervision over all activities of
"The legislation under 011- sideration will seek to deal with the problems of strikes and lock- outs which have an object other than or in addition to the fur- therance of a trade dispute in essential services. The occur-
rence of a dispute is usually symptomatic of a break-down in communication between labour and management. The establi ment of appropriate consultative
will machinery
not insure
"Some initiative in this field, encouraged by the Labour De- partment, has &lready taken place on a voluntary basis and the success of steps taken will be closely watched. Meanwhile, considerable preliminary work has been done on a "Bill which would require the establishment of consultative machinery in er- these agencies to protect workersganisations employing more than from unscrupulous exploitation. a prescribed number of workers Some initial safeguards will be
takings of staff trained in first- aid and available to give treat- ment. I also propose to specify the contents and numbers of first-aid boxes to be provided in every factory. A Bill and re- gulations dealing with the use and control of radio-active sub- stances are under consideration In co-operation with the Direc- tor
of Medical and Health
Services.
ani concerned with that aspect relating to the protection of workers from dangers arising from the misuse of these sub- stances in industrial processes.
am also preparing regulations
covering precautions in pro
cesses involving blasting by abrasives which can cause serious health hazards to workers and. in the case outside work, to the general public.
measure
"There are eight items under examination concerned with the im- subject of safety. One portant
would bring building sites and construction work under effective control by requiring registration and in- This would facilitate working of safe
practices which I consider most
necessary because more serious accidents and deaths occur in this industry than in any other, Another safety measure would introduce
for the regulations safe operation of quarries in- volving supervision by com- of safely petent persons, itse equipment, and observation of practices. A group of six of regulations
sate
sets
temafor other
are
con-
selected and for certain types of equipment. Although two industrial
safety committees have been active for some time it may be necessary eventually to enforce codes of safe practice by legislation.
Formidable
"It is inevitable in a legisla- tive programarife of this size that there are a few items of-limited interest to the public. Four iters are under consideration, involving a measure to require
Formidable
"I is inevitable in a legista- tive programme of this size that there are a few items of limited nterest to the public. Four tenis are under consideration involving a measure to require employers to supply statistics on! employment and related sub- jects, the registration of under- ground workers to comply with the Couvention No 123 of Inter- national Labour Organisation, the centralised control of fire- works, and the revision of stor- age fees for explosives.
"The legislative programme) which I have briefly outlined is a formidable one. It attemptsi both to improve existing legisla- tion and to move into many newi fields. The mere physical prob- Hem of handling it is such that it would severely tax the exist- ing resources of the department. An adviser on labour legislation] has recently arrived and assum- ed duty in the Labour Depart- iment. He will be engaged in reviewing the whole range of labour legislation and advising
on-it.
Council. and where inadequate or no al-
I
included in the employment Billternative methods are practised. to which I have already referred. A fourth related measure would Ideal with the interests work- ers going overseas for employ ment under contract,
Compensation
"A second major piece of Alegislation concerning the welfare of large number of workers which I am examining involves the Workers' Compensation Or- dinance.
I intend to put forward proposals for amending the exist ing legislation in two stages. The first Bill deals with the exten- sion of the coverage of existing in terms of both provisions monthly income and occupations, the question of compulsory in- surance in selected dangerous trades, the benellts for those who become incapacitated permanent- Jy, and the rate of
payments in the light of re- conumendations of the Inter [national Labour Organisation and established practice else. where. Subsequently, I propose of deal in a second Bill with the supply of prostheses and hos- pitalisation excluding out-patient treatment. These two Bills seck to provide injured workers with benefits more in live with present-day conditions in Hong- kong
"A group of four measures deals
with holidays and rest days. One is a simple measure Lo ensure that industrial holidays coincide with general holidays in the Holidays Ordinance which was amended last year. The second contemplates changes in the qualibcations for holidays with pay and improved entitle- ments to sickness allowance especially after long service. The third concerns rest days for women and young persons in some non-industrial sectors. A rest day in every seven days is ja statutory right for these workers in industrial employ. ment. The possibility of an ex- tension to
the
non-industrial sectors of shops and service in- dustries is being examined.
"The fourth measure concerns the
provision of a statutory Bright to
six-day week for adult male workers in industry and in some services. For over a year the department has en- fcouraged employers, with some success, to introduce voluntari- ly a standard six-day week. statutory right to a six-day week would allow for voluntary
on the seventh day,
a
A
A group of four relat- ed subjects is of particular con- Jeern for young persons. The problems of industrial training are being considered in two measures. Legislation 00 im-
:
5
With regard to trade unions, am co-operating with the Regis- trar of Trade Unions in con- sidering the revision of cer in parts, including those dealing with picketing and intimidation, of the Trade Unions Registration Ordinance in the light of ex- perience over the past few years and more recently.
Occur
"On the subject of the health of workers, three measures are contemplated. When accidents serious consequences for the injured may be alleviated by prompt attention. I hope shortly to prepare regulations dealing with the provision in the larger.
industrial under-
"Meanwhile, I am unable to forecast with any degree of cer- tainty the speed with which in- dividual items already in the programme will come before this It is inevitable that major items because of their complexity make slower pro- gress than minor items. Because quicker progress can often be mnde on straightforward or ninor Iterns they often overhaul the
is
major items to which I per- sonally attach higher priority. As I said earlier, the programme is regularly reviewed and there no possibility that delays on any particular item could be overlooked or that flexibility can not be assured to meet changing conditions. I assure you, Sir, that the progress of the legisla- tive programme will continue to be an important and continuing matter of concern to me per- sonally."
'No overnight swing'
In his speech, Mr Dickson Leach 'said humanitarian labour laws were essential but "we cannot swing from one extreme to the other overnight nor can we afford as some other countries have done, to take two steps forward and one step back.
"I am
sure we are realistic enough to understand progress can be made only at the pace it is capable of being absorbed by industry."
Mr Dickson Leach observed were that in Hongkong there good and bad employers, and "excellent the good provided working conditions" and other benefits.
not He said legislation was needed to keep good conditions upto standard but to bring the bad upto an acceptable level.
In this connection, Mr Dickson Leach said he was inclined to of agree with what the Earl Bessborough had recently stated in the House of Lords, about granting one day off each week to all workers.
Time needed
Mr Dickson Leach painted out, however, industry must be given time to implement such legisla- tion despite the fact that the majority already "do this in any event.
He said whether one agreed with what was said in the House of Lords was for each individual to decide in the knowledge of facts.
However, Mr Dickson Leach stressed, the power to legislate for the future of the Colony was in the hands of the Council.
"Whilst I am sure we would all be grateful for advice, such advice does not relleve us any of our responsibilities," he added,
of
OVERALL
REVIEW WELCOMED
Dr the Hon S. Y. Chung
in supporting the remarks of Mr Dickson Leach, said that any legislation result- ing in higher costs of pro- duction must be introduced gradually and at pace which would not impede the and competitive position growth potential of our ex- port industries.
Dr Chung recalled that the 1967 local disturbances sparked off by a labour strike arising from industrial dispute in a factory had led many people to believe that "we have mede rela. bad labour-management tions" in the Colony.
Dr Chung said "that was a very unfair judgement.”
"If we consider labour strike as an indication of poor labour- relations, then management Hongkong is very much better other industrialised nations," said Dr Chung.
than many
tbili
Dr Chung observed Government and management had an even greater resoen
the sibility" in looking after rights and privileges of labour than in many other places.
No comments yet.
Private notes are available after approval.