Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in its latest report.

1. In its previous comments, the Committee noted that sections 11A(1) and (2) and 11B of the Industrial Relations Ordinance, 1969, deny the rights of unregistered unions to function and to collect funds as well as the right of workers to belong to more than one trade union at a time. As concerns the latter, the Committee considers that while the limit of one union for one worker is understandable for workers with one job, it would however hinder workers who may have more than one job or more than one place of employment from assuring the defence of their occupational interests in the respective establishments. As concerns the functioning of unregistered unions, the Committee notes the indication in the Government's report that the unfettered right to form trade unions without the requirement of registration would lead to fragmentation in the leadership of workers and weaken their bargaining capacity, as well destabilize industrial peace. The Government adds that the workers agree with this approach and that it is not aware of any problem of unions realizing funds before registration. While noting the Government's statement, the Committee would point out that, under current law, it would appear to be illegal for a union to collect funds prior to being registered and yet the requirement of a secure membership base for registration would be difficult to obtain without the union being able to collect dues and provide at least some level of service to members or potential members. The Government may therefore wish to consider bringing its law into conformity with practice by taking measures to ensure certain preliminary rights for unregistered trade unions, so that they may provide services enabling them to secure sufficient membership to obtain registration.

2. The Committee would recall the comments it has been raising for a number of years concerning provisions in the Industrial Relations Ordinance restricting strikes and other forms of industrial action. In particular: (i) the fact that only a collective bargaining agent can give notice of a lawful strike seems to deprive workers in the unorganized sector as well as members of minority unions of the right to strike (sections 28, 43 and 46(1)(b)); and (ii) section 59 of the Ordinance which makes it an offence to take part in, instigate, etc. a "go-slow" when such restrictions, in the Committee's view, are justified only if the action is not peaceful. The Committee hopes that the Government will take the necessary measures in the near future to bring these provisions into full conformity with the Convention and recalls that the assistance of the ILO is available on these issues if the Government so desires it.