TNAG-0646-FCO40-794-Application-of-international-labour-conventions-to-Hong-Kong-1977 — Page 27

REPORT

for the period.

of.

to

•

"

made by the Government

in accordance with article 22

"

of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the

WORKERS' REPRESENTATIVES CONVENTION, 1971

ratification of which was registered on

I. Please indicate whether effect is given to the Articles of the Convention-

(a) by customary law or practice (including collective agreements), or (b) by legislation.

In the first alternative, please indicate how effect is given to the Articles of the Convention. In the second alternative, please give a list of the constitutional and legislative provisions or administrative or other regulations which give effect to the Articles of the Convention. Where this has not already been done please forward copies of these various provisions, etc., to the International Labour Office with this report. Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit of, or as a result of, ratification.

II. Please supply available information concerning the customary law, practice, legislative provisions, regulations, collective agreements, and any other measures the effect of which is to ensure the application of each of the following Articles of the Convention.

If, in your country, ratification of the Convention gives the force of national law to its provisions please indicate, in addition to the constitutional texts from which this effect is derived, any measures which may have been taken to give effect to those provisions of the Convention which may require the intervention of the national authorities to ensure their application, including measures designed to bring the attention of interested parties to the pertinent provisions.

If the Committee of Experts or the Conference Committee on the Application of Conventions and Recommendations has requested additional information or has made an observation on the measures adopted to apply the Convention please supply the information asked for or indicate the action taken by your Government to settle the points in question.

Article 1

Workers' representatives in the undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements.

Please indicate how effective protection is ensured to workers' representatives in the undertaking against any act prejudicial to them, and based on any of the motives specified in the present Article.

Article 2

1. Such facilities in the undertaking shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently.

2. In this connection account shall be taken of the characteristics of the industrial relations system of

the country and the needs, size and capabilities of the undertaking concerned.

3. The granting of such facilities shall not impair the efficient operation of the undertaking concerned. Please indicate what measures have been taken to afford to workers' representatives such facilities as may be appropriate in order to enable them to carry out their functions promptly and efficiently.

Article 3

66

For the purpose of this Convention the term workers' representatives recognised as such under national law or practice, whether they are-

means persons who are

(a) trade union representatives, namely, representatives designated or elected by trade unions or by the

members of such unions; or