Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - China - Hong Kong Special Administrative Region (Ratification: 1997)

Other comments on C144

Observation

Direct Request

2004

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Article 5 of the Convention. Effective tripartite consultations. The Committee takes note of the report received pursuant to its 2013 observation. The Government indicates that the Committee on the implementation of International Labour Standards (CIILS) set up under the Labour Advisory Board (LAB) was consulted on all reports submitted under article 22 of the ILO Constitution and on all replies to the comments made by the Committee. Furthermore, a tripartite team including representatives of the CIILS and the LAB was set up to attend the 102nd and 103rd Sessions of the Conference. The LAB’s report covering the period 2013–14 will be available by mid-2015. The Committee invites the Government to continue to provide up-to-date information on the consultations held on the matters concerning international labour standards covered by Article 5(1) of the Convention.

Operation of the consultative procedures. In reply to the 2013 observation, the Government indicates in its reports received in August and December 2014 that affiliates to the Hong Kong Confederation of Trade Unions (HKCTU) have the same right as other registered trade unions to take part in the elections. There is thus no question of any particular trade union group being excluded from the elections. In the Hong Kong Special Administrative Region (HKSAR), every worker’s union is free either to affiliate to one or more trade union groups or to remain unaffiliated. All registered workers’ unions are eligible for exercising their free choice in the election; moreover, because none of the trade union groups has a dominating number of affiliates, no one group can dictate the results of returning LAB workers’ representatives. The current method for the return of LAB’s representatives is the most suitable to the local conditions of the HKSAR. The Government adds that the manner in which workers’ representatives are chosen was established in 1950 following prior consultation with the unions. The Government considers that it is a well-tested method, based on objective, pre-established and transparent criteria, which has been widely accepted by the labour sector. The election method involving all workers’ unions ensures that workers’ representatives are freely chosen by the unions and that workers’ views are best represented. The Committee notes the observations made by the HKCTU in August 2014 indicating that as it has no representatives sitting on the LAB, the Government seldom provides reports and comments which are to be submitted to the Committee. For instance, as regards the current reporting cycle, the HKCTU indicates that on 18 August 2014 a copy of the Government’s report on Migration for Employment Convention (Revised), 1949 (No. 97), the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Labour Relations (Public Service) Convention, 1978 (No. 151), was requested. Until 31 August 2014, none of the reports had been sent to the HKCTU. The HKCTU also reiterates that the methods for electing the LAB’s workers’ representatives entails the domination of the elections by the biggest workers’ organization and implies its exclusion from tripartite negotiations. The HKCTU considers that if the principle utilized for the nomination of employers’ representatives was to be applied the workers’ representatives should also be nominated by the most representative organizations. The Committee recalls its 2013 observation and requests the Government and the social partners to promote and strengthen tripartism and social dialogue so as to facilitate the operation of the procedures which ensure effective tripartite consultations (Article 2(1) of the Convention) including ensuring the HKCTU’s participation in the consultative process.

[The Government is asked to reply in detail to the present comments in 2015.]