Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that sections 11A(1) and (2) and 11B of the Industrial Relations Ordinance (IRO), 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.

On the first point, the Committee pointed out that it would appear 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 states in this regard that section 6 of the IRO provides enough scope for preliminary rights to establish a secure membership base prior to registration. Noting that section 6 addresses requirements for an application to register, the Committee requests the Government to specify how and to what extent it provides preliminary rights to unregistered unions.

On the issue of prohibiting workers from belonging to more than one union, the Committee has pointed out that this would hinder those holding more than one job from assuring the defence of their occupational interests. The Government replies that allowing workers in such a situation to join more than one union "is considered unrealistic, and as such the restriction is justified". The Committee expresses the firm hope that the Government will reconsider its position in order to bring its legislation into full conformity with the Convention, and requests the Government to keep it informed of any progress made in this regard.