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inadequate.
right to be
the right to
Section 218 provides that every employee has the
a member or an officer of a trade union and has
take part in the activities of the trade union
at the appropriate time.
Any employer who discriminates against, penalizes or dismisses an employee by reason of his exercising the above rights, shall be guilty of an offence. Strike is regarded as a kind of trade union activity, yet such activity is not protected by law as it falls outside the definition of 'appropriate time', which is restricted to mean the time outside the working hours or the time within the working hours at which consent is given by the employer.
Employers have the freedom but not the right to strike
be
From the above, it can be seen that workers in Hong
Kong have the freedom to strike. Workers on strike will not considered as violating the criminal law, and trade unions which call for the strike will not be claimed by employers for compensation. Yet, since employers have the right to
dismiss employees who are on strike, employees' right to strike a strictly restricted. This is in violation of Article 8 of the International Covenant on Economic, Social
and Cultural Rights. According to that Article, no
restrictions should be placed on the exercise of the right to
strike other than those prescribed by law and which are
necessary in a democratic society in the interests of
national security or' public order or for the protection of
the rights and freedoms of others. According to the Joint
Declaration and the Basic Law, the above Covenant will
continue to apply to Hong Kong after 1997.
Yet, the
Government has not introduced legislation to actualize the employees' right of strike.
Orian sarin
Article 57 of the International Labour Convention
stresses that the Management or the Government should not interfere in the internal administration and activity of the
trade union.
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