303188-1941-The-Conditions-of-Employment-and-Arbitration-Order-1941 — Page 2

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Constitu-

tion of arbitration tribunal.

Trade dispute procedure.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 4, 1941.

PART I.

Arbitration.

3. For the purpose of settling trade disputes which cannot otherwise be determined there shall be constituted by the Governor a tribunal to be called "The Employment Arbitration Tribunal" and the provisions of the Schedule to this Order shall have effect with respect to the constitution and proceedings of the tribunal.

4.-(1) If any trade dispute exists or is apprehended that dispute, if not otherwise determined, may be reported to the Labour Officer by or on behalf of either party to the dispute and the decision of the Labour Officer as to whether a dispute has been so reported to him or not and as to the time at which a dispute has been so reported shall be con- conclusive for all purposes.

(2) The Labour Officer shall consider any dispute so reported to him as aforesaid and if in his opinion suitable means for settling the dispute already exist by virtue of the provisions of any agreement to which the parties are organizations representative of employers and workers respectively, he shall refer the matter for settlement in accordance with those provisions: so, however, that where a matter has been referred for settlement in accordance with the provisions of this paragraph and there is a failure to reach a settlement or, in the opinion of the Labour Officer, a settlement is unduly delayed, the Labour Officer may cancel the reference and substitute therefor a reference to the Employment Arbitration Tribunal.

(3) Where, in his opinion, no such suitable means of settlement exist as are mentioned in paragraph (2), the Labour Officer shall take any steps which seem to him ex- pedient to promote a settlement of the dispute and may, if he thinks fit, refer the matter for settlement to the Employ- ment Arbitration Tribunal.

(4) Where steps to promote a settlement of the dispute have been taken by the Labour Officer under the provisions of paragraph (2) or paragraph (3) (otherwise than by means of a reference to the Employment Arbitration Tribunal) and those steps have not resulted in a prompt settlement of the dispute, the Labour Officer shall refer the dispute for settle- ment to the Employment Arbitration Tribunal and shall do so within twenty-one days from the date on which the dispute was so reported to him as aforesaid, unless, in his opinion, the special circumstances of the case make it neces- sary or desirable to postpone such a reference.

(5) Any agreement, decision or award made by virtue of the foregoing provisions of this Article shall be binding on the employers and workers to whom the agreement, decision or award relates and, as from the date of such agreement, decision or award or as from such date as may be specified therein, not being earlier than the date on which the dispute to which the agreement, decision or award relates first arose, it shall be an implied term of the contract be- tween the employers and workers to whom the agreement, decision or award relates that the rate of wages to be paid and the conditions of employment to be observed under the contract shall be in accordance with such agreement, decision or award until varied by a subsequent agreement, decision or award.

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