Hong Kong

Hong Kong: home to worker exploitation, repression and discrimination

Report on internationally recognised core labour standards in Hong Kong Special Administrative Region (HKSAR)

On 13 December the ITUC released a new report which outlines the areas where the Hong Kong SAR fails in its international obligations.

“The working conditions for most workers in Hong Kong – one of the richest places in the world and with a GDP per capita at the level of the UK, France, Germany and Italy – are a disgrace”, said Lee Cheuk Yan, General Secretary of the Hong Kong Confederation of Trade Unions (HKCTU). “Workers are exploited and denied the right to effective representation. Hong Kong is the only developed economy without legislation on maximum working hours. Working weeks of up to 60 hours and more are not unusual and yet the share of national income that goes to workers is among the lowest among the industrialised countries. It is obvious that the workers of Hong Kong suffer badly as a result of the lack of rights to effective representation.”

There remain serious problems concerning the lack of union recognition, obstacles to collective bargaining, and persistent trade union discrimination. In addition while both of the ILO core conventions on the protection of trade union rights apply to Hong Kong. Restrictions on these rights remain in both law and practice. The Hong Kong Government has, in particular, persistently refused to follow the recommendations of the ILO Committee on Freedom of Association with regard to the above-mentioned problems.

Neither of the ILO core conventions on discrimination apply to Hong Kong, despite the fact that China itself has ratified both of them (Convention 111 as recently as January 2006). Hong Kong’s legislation prohibits discrimination on the grounds of gender, disability, and family responsibility, but no legal provision has yet been made to end discrimination against the large population of migrant workers. Discrimination against women remains a problem, especially with regards to pay and the representation of women in senior positions. Discrimination with regard to age and race is also serious.

Below is the ITUC Press release.

The full report can be downloaded here.

The full report can also be accessed on the ITUC’s new website here

IHLO
December 2006
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Hong Kong: home to worker exploitation, repression and discrimination

Brussels and Hong Kong, 13 December 2006:

Hong Kong is criticised for depriving workers of their fundamental rights in a report published by the ITUC this week. Coinciding with the trade policy review of Hong Kong at the WTO, the report finds that trade unions are denied legal recognition, that the right to collective bargaining is nonexistent in practice, and that trade union members are insufficiently protected against discrimination.

Although independent and democratic trade unions are allowed to exist in Hong Kong, unlike mainland China, and the right to strike is enshrined in legislation, various loopholes in both law and practice deny the free exercise of these rights. Furthermore, the right to collective bargaining is not recognised.

As there is no real recognition of trade unions and respect of collective bargaining, workers are left to the mercy of their employers; firstly with regards to whether they can negotiate jointly with them, secondly to whether reached agreements are actually implemented and upheld. As a consequence only one percent of the workforce is covered by collective agreements – yet even these are not legally binding. This is clearly contrary to international conventions Hong Kong claim to uphold.

The continuing harassment and discrimination against trade union members by employers is another obstacle to workers when seeking effective representation and a breach of the internationally agreed fundamental principles applying to the world of work. A worker who has been sacked by their employer because of their trade union membership has no means to enforce their reinstatement under Hong Kong law.

Since 1998, the UN’s International Labour Organisation has consistently criticised Hong Kong for this practice, but so far the Government has shown no will to address the issue. Similarly, the right to strike is rendered ineffective by clauses in employment contracts which stipulate that absence from work can be considered breach of contract that may lead to dismissal.

The report moreover finds that work-related discrimination, both with regards to gender and ethnicity or origin is widespread. With women earning up to 30 percent less than men for the same work, the principle of ‘equal pay for equal work’ is far from being realised in Hong Kong. And migrants from neighbouring countries and mainland China continue to represent a stigmatised underclass.

“The massive pay gap calls for determined measures to end gender discrimination, and while a Race Discrimination Bill has recently been enacted to address discrimination against ethnic minorities, it regrettably fails to protect migrant workers who come from the mainland”, said Guy Ryder, General Secretary of the International Trade Union Confederation. “This and the other violations identified in the report need to be remedied as a matter of urgency.”

Founded on November 1 2006, the ITUC represents 168 million workers in 153 countries and territories and has 304 national affiliates. http://www.ituc-csi.org

For more information, contact the ITUC Press Department on +32 2 224 0204

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