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Written by: Commentary Editing Room
2020-10-28 17:50
Last update date: 2020-10-28 17:51
Cathay Pacific has laid off more than 5,000 employees, and the remaining employees are not comfortable.
The new employment contracts offered by the employers have greatly reduced their benefits, and they do not set time limits like management contracts.
This incident is not only a dispute between Cathay Pacific’s labor and management, but it also reflects the imbalance of the power status of Hong Kong’s labor and management. The Bureau of Labor and Welfare should implement the statutory collective bargaining power so that employees and management can discuss employment terms on an equal basis and reduce the chance of conflict.
In the first two or three days after the announcement of the layoffs, the community was concerned about the suspension of Dragonair and the feelings and whereabouts of the laid-off employees, or thought that the employees who were not laid off had escaped.
However, when the remaining employees understand the new employment contract listed by the employer, they feel that the devil is in the details.
In addition to reducing employees' salaries and benefits, front-line colleagues have also changed their contracts forever, not just for a one-year period like management cuts.
In fact, many employees are willing to cut their salaries and ride out the difficult times with the company. As long as the company promises to review the contract terms regularly, it is a pity that the employers are not moved.
Cathay Pacific employees gathered outside Cathay Pacific City to cheer for the union.
(Photo by Lu Yiming)
Cathay Pacific collective bargaining is not a legal guarantee
It is worth mentioning that Cathay Pacific’s two trade unions representing flight attendants and pilots are among the best in Hong Kong in terms of scale and strength. They are also one of the few trade unions in Hong Kong whose employers have recognized collective bargaining agreements. The employers must negotiate salary and work arrangements with the union every year.
Even so, the employer did not consult the labor union beforehand on layoffs and contract changes, and even after meeting with the labor union, they did not accept the other party's suggestions on delaying the signing period and restricting the contract's short-term nature. The effectiveness of the collective bargaining mechanism is questionable.
This matter once again aroused discussions on the statutory right to collective bargaining. If the law protects the right to collective bargaining, employers must consult with the trade union before taking action, and the trade union can put forward plans at the bargaining table. Each meeting is legally effective and both employers and employees must Fulfill the agreement.
Maybe Cathay Pacific will lay off employees and reduce salaries in the end, but at least the labor is mentally prepared and knows the terms of the new contract earlier, so employees have more time to decide whether to sign the new contract.
The Hong Kong labor sector has struggled for the right to collective bargaining for many years without success.
(Provided by Red Press)
The Labour Department can do more besides meetings
On the other hand, in addition to implementing the right to collective bargaining, the government should also mediate through the Labour Department to reduce the social shock caused by layoffs.
Recently, the two trade unions of Cathay Pacific have met with the Labour Department. The pilots’ union initially responded positively, describing the meeting as "positive and positive", and reiterated the press release on the day of the layoffs, which stated that the employee was not consulted before changing the employment contract, which may constitute The terms were unreasonably changed, and the Air Service Staff Association stated that the prescription would contact the management again.
Of course, the Labour Department should not only act as a megaphone, just relay the concerns of the workers to the employers, but ask for the same while reserving differences. It can also ask Cathay Pacific to understand the reasons and financial justifications for not layoffs and other methods of reducing expenditure.
If Cathay Pacific has other methods to replace layoffs and unreasonably change the employment contract, the employee or union may be able to apply the above evidence to the Labor Tribunal.
Cathay Pacific layoffs have long been rumored, but before the day of the layoffs, it kept the details confidential and chose to act within one day, requiring employees to sign the new contract within 14 days. There has been no amendment so far. Perhaps the management hopes that things will end soon and the company will stabilize.
However, labor rights must also be protected.
In the case of Cathay Pacific layoffs, even if there is a relatively strong union behind the employees, it is no match for the power of the capital, let alone the industry and enterprises that lack the strength of the union.
The government must realize that workers are more vulnerable to exploitation in times of economic adversity. In the past few months, it has concentrated on protecting enterprises. Now it is time to strengthen the protection of employees to avoid more unreasonable layoffs or exploitation.
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