303188-1941-The-Conditions-of-Employment-and-Arbitration-Order-1941 — Page 1

THE HONG KONG GOVERNMENT GAZETTE, APRIL 4, 1941.

No. 380.

Order.

His Excellency the Governor, with a view to preventing work being interrupted by trade disputes, and by virtue of the powers conferred on him by regulation 51B of the Defence Regulations, 1940, hereby makes the following order-

General.

1. This Order may be cited as The Conditions of Employ- Short title ment and Arbitration Örder, 1941.

2. In this Order-

(a) "lock-out means the closing of a place of employ- ment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;

(b) organization" means an organization representative of employers or an organization representative of workers as the case may be;

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(c) "period of the present emergency means the period beginning with the first day of September, 1939, and ending on such day as the Governor may by order declare to be the date on which the emergency that is the occasion of the making of this order came to an end;

(d) strike means the cessation of work by a body of persons employed acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or any person or body of persons employed, or to aid other workmen in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment;

(e) "trade dispute means any dispute or difference between employers and workmen, or between workmen and workmen, connected with the employment or non-employ- ment, or the terms of the employment or with the conditions of labour of any person;

(f)"trade or industry" means only the performance of its functions by any essential service;

(g) "trade practice" means any rule, practice or custom in respect of the employment, non-employment, conditions of employment, hours of work or working conditions of any worker or class of worker in any establishment or class of establishment or in any trade or industry or branch of trade or industry;

(h) "workman means any person who has entered into or works under a contract with an employer, whether the contract be by way of manual labour, clerical work or otherwise, be expressed or implied, oral or in writing and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour.

and com- mencement.

Interpreta- tion.

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