Full legislation
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(Repealed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
(
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.]