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Employment

Trade Unions

The Registry of Trade Unions administers the Trade Unions Ordinance and promotes good and responsible trade union management. Once registered, a trade union becomes a body corporate and enjoys immunity from certain civil suits.

In 2018, 13 new unions were registered, bringing the number of registered trade unions to 908, comprising 846 employee unions, 13 employers' associations, 38 mixed organisations of employees and employers, and 11 trade union federations. The yearly average of the declared membership of employee unions over the five years from 2013 to 2017 was about 860,000. During the same period, the trade union participation rate, meaning the proportion of the total declared membership of employee unions to the total number of salaried employees and wage earners, was 24.3 per cent.

As at end-2018, nearly half of the employee unions were affiliated to four major labour organisations: the Hong Kong Federation of Trade Unions (191 unions), Federation of Hong Kong and Kowloon Labour Unions (94 unions), Hong Kong Confederation of Trade Unions (82 unions), and Hong Kong and Kowloon Trades Union Council (27 unions).

Minor Employment Claims Adjudication Board

This board determines claims arising from disputes of statutory or contractual rights of employment that involve not more than 10 claimants in each case and for sums not exceeding $8,000 per claimant. In 2018, it dealt with 622 claims and granted awards amounting to $1.61 million.

Labour Tribunal

The Labour Tribunal is part of the Judiciary. It is a quick, simple and inexpensive channel for adjudicating labour disputes that are not within the exclusive jurisdiction of the Minor Employment Claims Adjudication Board. In 2018, 3,887 of the cases filed with the tribunal were initiated by employees and 68 by employers, and 94 per cent were referred by the Labour Department. The tribunal dealt with 3,607 cases and granted awards totalling more than $255 million.

Employees' Rights and Benefits

The Employment Ordinance provides for employment-related benefits and entitlements to employees. Over and above the statutory requirements, employers and employees are free to negotiate the terms and conditions of employment. The government aims to improve employees' benefits and protection at a pace commensurate with Hong Kong's overall socio- economic development, taking into account both employees' interests and employers' ability to afford the benefits.

Legal Protection

In general, children under 15 are prohibited by law from taking up employment. Children aged 13 and 14 may work in non-industrial establishments under strict rules, while young people aged 15 to 17 may work in industrial establishments, subject to restrictions on their working hours.

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