【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第12页 CAP 57 EMPLOYMENT ORDINANCE
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[接上页] (Amended 48 of 1984 s. 10) (Part IV added 23 of 1970 s. 3) Cap 57 s 21A Application of Part IVA PART IVA PROTECTION AGAINST ANTI-UNION DISCRIMINATION Section 21C shall apply to every person to whom an offer of employment is made or is about to be made or who otherwise is a prospective employee. (Replaced 41 of 1990 s. 7) Cap 57 s 21B Rights of employees in respect of trade union membership and activities (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union in accordance with the provisions of the Trade Unions Ordinance (Cap 332); (Amended 101 of 1997 s. 26) *(d) (Repealed 135 of 1997 s. 14)(2) Any employer, or any person acting on behalf of an employer, who- (a) prevents or deters, or does any act calculated to prevent or deter,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" (适当时间) 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" (工作时间) 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.]_____________________________________________________________________________ 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. Cap 57 s 21C Offer of employment conditional on offeree not being member of trade union Any person who, acting on his own or another's behalf, in the engagement of persons for employment includes in an offer of employment to any person a condition or requirement that the person to whom the offer is made shall undertake- (a) if he is a member or officer of such a trade union, that he will relinquish his membership thereof or office therein; (b) not to become a member of, or officer in, such a trade union; or (c) not 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),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. 6) Cap 57 s 21D *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21E *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21F *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. Cap 57 s 21G *(Repealed 135 of 1997 s. 3) * Ss. 21D to 21J were added by 98 of 1997. As to the suspension of operation of 98 of 1997, please see s. 5(1) and (2) of Cap 538. On 31 October 1997, that s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect (please see s. 4(2) of 135 of 1997). As to the transitional provisions in relation to s. 3 of 135 of 1997, please see s. 4(1)(b) and Part I of Schedule 2 of 135 of 1997. |
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