| To provide for improvement of labour-management relations and the settlement of trade disputes and matters incidental thereto. [1 August 1975] (Originally 55 of 1975) Cap 55 s 1 Short title and commencement Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 PART I PRELIMINARY (1) This Ordinance may be cited as the Labour Relations Ordinance. (2) Part V shall come into operation on a day to be appointed by the Chief Executive in Council by notice in the Gazette. (Amended 56 of 2000 s. 3) Cap 55 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "arbitration" (仲裁) means arbitration in a trade dispute under Part III; "arbitration tribunal" (仲裁庭) means an arbitration tribunal appointed under section 12; "board of inquiry" (调查委员会) means a board of inquiry appointed under section 22; "Commissioner" (处长) means the Commissioner for Labour; "conciliation" (调解) means a discussion or action initiated or undertaken by a conciliation officer to assist the parties to a trade dispute to reach a settlement of the trade dispute; "conciliation officer" (调解员) means an officer of the Labour Relations Division of the Labour Department who is authorized by the Commissioner under section 3(c) to initiate or undertake conciliation; "employee" (雇员) means any person who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract with an employer, whether the contract is by way of manual labour, clerical work or otherwise, is express or implied, oral or in writing, and whether it is a contract of service or apprenticeship or a contract personally to execute any work or labour; "employer" (雇主) means the person by whom an employee is (or, in a case where the employment has ceased, was) employed; "mediator" (调停员) means a single mediator or a board of mediation appointed under section 11A; (Added 76 of 1997 s. 2) "party" (一方) means a party to a trade dispute; "special conciliation" (特别调解) means a discussion or action initiated or undertaken by a special conciliation officer to assist the parties to a trade dispute to reach a settlement of the trade dispute; "special conciliation officer" (特别调解员) means a senior officer of the Labour Relations Division of the Labour Department, or any other public officer or person, who is authorized by the Commissioner under section 5 to initiate or undertake special conciliation; "trade dispute" (劳资纠纷) means any dispute or difference between employers and employees, or between employees and employees, connected with the employment or non-employment, or the terms of employment, or with the conditions of or affecting employment, of any person. Cap 55 s 3 Conciliation PART II CONCILIATION Where a trade dispute exists or is apprehended the Commissioner may, with the object of promoting settlement of the trade dispute,- (a) inquire into the causes and circumstances of the trade dispute; (b) take such steps as to him may seem expedient for the purpose of assisting the parties to reach a settlement of the trade dispute; (c) authorize a conciliation officer to initiate or undertake conciliation. Cap 55 s 4 Report by conciliation officer (1) Where a conciliation officer has attempted conciliation but no settlement of the trade dispute has been reached, the conciliation officer shall without delay report the matter to the Commissioner. (2) In a report under subsection (1), the conciliation officer shall set out, in addition to any other information which he considers will be of assistance to the Commissioner, such facts as appear to him to be agreed by all or any of the parties and such facts as appear to him to be in dispute between any of the parties. Cap 55 s 5 Special conciliation (1) On receipt of a report under section 4, the Commissioner may authorize a special conciliation officer to initiate or undertake special conciliation. (2) The Commissioner, instead of authorizing a conciliation officer under section 3(c), may, if he is of the opinion that the circumstances of the trade dispute so warrant, authorize a special conciliation officer to initiate or undertake special conciliation. Cap 55 s 6 Publication of special conciliation The Commissioner may publish the name of the special conciliation officer authorized under section 5 and particulars relating to the parties in such manner as he thinks fit. Cap 55 s 7 Report by special conciliation officer (1) Where a special conciliation officer has attempted special conciliation but no settlement of the trade dispute has been reached, the special conciliation officer shall without delay report the matter to the Commissioner. (2) In a report under subsection (1), the special conciliation officer shall set out, in addition to any other information which he considers will be of assistance to the Commissioner, such facts as appear to him to be agreed by all or any of the parties and such facts as appear to him to be in dispute between any of the parties. |
