A Concise Guide to the Employment Ordinance

Chapter 11: Protection against Anti-union Discrimination

Right of an Employee in Participating in Trade Unions

Every employee shall have the following rights:

to be a member or an officer of a trade union; to take part in the activities of the trade union at any appropriate time, if the employee is a member or an officer of a trade union; (Appropriate time means - - outside working hours; or - during working hours by arrangement and with the consent of the employer.) to associate with other persons for the purpose of forming or applying for the registration of a trade union. Statutory Requirements of the Employer An employer shall not -

prevent or deter an employee from exercising any of the above rights; dismiss, penalize or discriminate against an employee for exercising the above rights; make it a condition of employment that an employee must not exercise the above rights.

Offences and Penalties

Any employer who contravenes the above shall be liable to prosecution and upon conviction, to a fine of $100,000.

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