Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 21B

Rights of employees in respect of trade union membership and activities

(Past version on 30/06/1997).

(1) Every employee shall as between himself and his employer have the
following rights-

   (a)  the right to be or to become a member or an officer of a trade union
        registered under the Trade Unions Ordinance ( Cap 332);

   (b)  where he is a member or an officer of any such trade union, the right,
        at any appropriate time, to take part in the activities of the trade
        union;

   (c)  the right to associate with other persons for the purpose of forming
        or applying for the registration of a trade union in accordance with
        the provisions of the Trade Unions Ordinance ( Cap 332); (Amended 101
        of 1997 s. 26)

*(d) (Repealed 135 of 1997 s. 14)

(2) Any employer, or any person acting on behalf of an employer, who-

   (a)  prevents or deters, or does any act calculated to prevent or deter, an
        employee from exercising any of the rights conferred on him by
        subsection (1); or

   (b)  terminates the contract of employment of, penalizes, or otherwise
        discriminates against, an employee by reason of his exercising any
        such right, shall be guilty of an offence and shall be liable on
        conviction to a fine at level 6. (Amended 24 of 1988 s. 2; 103 of 1995
        s. 5)

(3) In this section-

"appropriate time" (適當時間) means, in relation to an employee taking
part in any activities of a trade union, time which either-

   (a)  is outside his working hours; or

   (b)  is a time within his working hours at which, in accordance with
        arrangements agreed with or consent given by or on behalf of his
        employer, it is permissible for him to take part in those activities;

"working hours" (工作時間) means, in relation to an employee, any time
when, in accordance with his contract with his employer, he is required to be
at work. [cf. 1971 c. 72 s. 5(1), (2) & (5) U.K.]
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Note:

* This paragraph was added by 101 of 1997. As to the suspension of operation
of 101 of 1997, please see s. 4(1) and (2) of Cap 538. On 31 October 1997,
that s. 4(1) and (2), to the extent that it was in effect immediately before
31 October 1997, ceased to have effect. Please see s. 14(2) of 135 of 1997.

"appropriate time" (適當時間)

"working hours" (工作時間)