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Old 29th Dec 2018, 06:58
  #15 (permalink)  
Join Date: Oct 2007
Location: hong kong
Posts: 104
Originally Posted by curiousflyer View Post
The main reason for posting this thread was to dispel the myth spread at work that 'striking is illegal'. This is obviously a rumour which is beneficial to the company as many people seem to believe this is be the law in Hong Kong. It irritates me that they get this myth perpetuated. It is not that law. The law says HK EO states:

"The fact that an employee takes part in a strike does not entitle his employer to terminate under subsection (1) the employee’s contract of employment."

and Article 27 states:

"Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike."

To reinterate it is not illegal to for employees to go on strike in Hong Kong.

I 100% agree with your assertion that the company (or any company) will do everything in its power to prevent their workers from going on strike. They will certainly fight. Personally, I feel that striking it a last resort and is really the last card you play when you are sure that all else has failed and you are backed into a corner. In preparation, you would definitely need legal advice and preparation to ensure that you commenced industrial action legally and in a way in which you are protected. My reading of 9, subsection (2) reads that if you strike, you are protected from being terminated under any of the reasons listed under subsection (1) i.e. you can't be terminated for going on strike.
I reckon you are correct according to sources I can find.... According to a speech in Legco 21/9/1999, in response to the amendment of the employment ordinance regarding contradiction of s9 and the Basic Law, Joseph Wong Wing Ping, the then Secretary of Education, said, s 9 does not provide employers with excuse to terminate employment by reason of industrial action/strike, termination of an employee must be proven by the employer under s 9.

Personally, although there was no such ordinance regulating 'strike', the union would probably best lodge an 'application' to notify the labour department before telling the company....
hyg is offline