Employee relations include those policies and practices that are concerned with the management and regulation of relationships between the employer, the individual employee and employee organisations within the working environment.  Maintaining good employee relations is crucial in uniting management and employees towards the achievement of organisation goals and creating a sense of belonging. 

Showing care and respect

n            Employers could consider implementing some work life balance policies that might help employees fulfil their work and family responsibilities simultaneously, thereby balancing their work and family lives. Employers could benefit from these policies as they could help to develop a more committed and productive workforce.

n            Implementation of an employee assistance programme could also help employees better manage their personal and work related issues.

n            Employers should also consider encouraging employees to work in the wider community and help those less well off or fortunate than themselves through corporate volunteering initiatives.

n            To enhance the sense of belonging and promote staff well being, employers could consider organising staff social functions and recreation activities from time to time.

n            Employers should treat in accordance with the requirements of the personal data privacy legislation any and all personal data regarding employees that they collect and maintain.

n            Employers should have a clear policy, preferably in writing and communicated to employees, on any surveillance of Internet use, emails or telephone calls of their employees.  The monitoring of employees must be both lawful and fair to employees.  Monitoring should be designed to operate in such a way that it does not intrude unnecessarily on employees’ privacy or autonomy.

n            Employers should comply with the anti-discrimination ordinances and provide a workplace free of discrimination, harassment, vilification and victimisation.  Employers should draw up and publish their policies on equal opportunities explaining what discrimination, harassment, vilification and victimisation are, how they should be reported and handled and what actions will be taken in the event of these acts being proved.

Dealing with grievances

n            The establishment of grievance procedures can be of considerable assistance in reducing the likelihood of friction between employers and employees.  Employers should make the grievance procedures available to all employees.  With clear and publicised grievance procedures, both managers and employees know what process to follow when dealing with employees’ complaints.

n            Labour disputes are costly for both employer and employee.  In the event of a potentially serious labour dispute arising and before employers and employees are locked into positions from which they would find it hard to withdraw, employers should seek the advice and conciliation of the Labour Department at an early stage.

Maintaining good communication and promoting mutual understanding between management and employees

n            The setting up of effective communication channels enables employers and employees to understand each other’s views and concerns and reach agreements that are most beneficial to both sides.

n            Employers should be prepared to consult staff associations, employee organisations or other consultative committees if such exist when dealing with changes in working practices, procedures or employment issues which affect employees.

n            Whether employees belong to a union or not, employers should listen to employees’ views with patience and respect their opinions.

Dealing with trade unions

n            Employees in Hong Kong are free to form trade unions and participate in union activities.  If formal employee organisations exist, they should be treated with respect whether they are recognised or not.  When dealing with unions or their members, the relevant legal requirements should be adhered to.

n            Registered trade unions are entitled to certain protection in law, as are members and prospective members of such trade unions.  In particular every employee has:-

·          the right to be or become a member of a registered trade union,

·          the right to take part in the activities of a registered trade union (provided they take place outside working hours or during working hours by arrangement and with the employer's consent), and

·          the right to form a trade union with a view to registering such union.

n            Any employer who prevents or deters an employee from exercising any of the employee's rights set out above will have committed an offence. This would include terminating the employment of an employee for taking part in a legal picket, or threatening to reduce the discretionary bonus of any trade union member.

n            Although trade unions may not be sued for damages for organising strike action, the employees who participate in such action are not granted material protection.  Section 9(2) Employment Ordinance prohibits an employer from summarily dismissing an employee for going on strike, but does not prohibit an employer from terminating the employee by notice or wages in lieu of notice.

n            Employees are under an obligation to serve their employers with fidelity and good faith.  This duty of good faith imposed on employees extends to a duty not to disrupt the business of the employer (which has become known as the duty to co-operate).  Therefore industrial action which is designed to disrupt the business of the employer may amount to a breach of contract by the employee.

n            Employers should decide how to deal with trade unions and their members. However, maintaining an open communication with mutual respect is always the key to good employee relations which fosters a win-win situation for both employer and employee.