CONFIDENTIAL
For discussion
on 30th October 1973
機密
ANNEX
XCC(73)92
MEMORANDUM FOR EXECUTIVE COUNCIL
Cppy
opy No.
EMPLOYMENT (AMENDMENT)(NO 3) BILL 1973
PROTECTION OF WORKERS AGAINST ANTI-UNION
DISCRIMINATION
TO XCC174) 66
A
At Annex A for the consideration of Honourable Members is the Employment (Amendment) (No 3) Bill 1973 which is designed to protect workers against acts by employers which are intended to prevent them from joining trade unions or from participating in trade union affairs.
Main Provisions
2
The bill adds a new Part IIC to the Employment Ordinance, Its principal provisions are:
3
(a) that each employee has a right to become a member of an officer of a registered trade union, to participate at any 'appropriate time' in its activities, and to associate with other persons for the purpose of forming or registering a trade union; and
(b) that any employer or person acting on his behalf who
prevents or deters any employee from exercising any of these rights, or who terminates a contract of employment or otherwise discriminates against an employee for exercising any of these rights is guilty of an offence.
The 'appropriate time' in which an employee may take part in the activities of a trade union is defined as time which is either outside his working hours or as time within his working
The hours specifically arranged by agreement with his employer. new provisions apply to all employees, whether or not employed in manual labour and irrespective of the amount of their pay.
Enforcement
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It is obviously not possible to enforce this type of legislation, either by inspection or by other types of control. practice, an alleged discriminatory act would only be brought to light by complaint.
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