TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 204

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The Government can take into account precedents in the

Western Countries

Countries such as France, Italy, Spain, Portugal and Greece have stated in their constitution that citizens should

enjoy the right to strike. Legislation have been passed, to protect the workers, such as freezing the employment contract during the period of strike and setting up of an independent

tribunal to settle labour disputes.

Recommendations

Workers' basic right to

strike should be fully

To fulfil the task of

Labour Conventions, the

protected and not restricted;

implementing the International

International

Covenant on Economic, Social and Cultural Rights

and the future Basic Law, we suggest that:

1.

the

protection

against

anti-union

1(a)

discrimination. legislation should be amended;

the "appropriate time" should be changed to include industrial actions taken during working hours; and that all employees taking

part

strikes should be protected from discriminatory disciplinary action;

1(2)

the

in

onus

rest

with

the

of proof should management, i.e. the management should produce evidence that any disciplinary action taken is

to

participation

in

union

1(3)

unrelated

activities;

remedial

provisions

should be

provided

to

enable employees to opt for reinstatement or

compensation

once

violated the law;

employers are found to have

NOTD3S 1 I ODTEWO

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