HIT and Hutchison Whampoa have a duty of care to contract workers

The dockworkers' bitter strike has lasted for more than a month. The major obstacle to a swift and effective dispute settlement is the reluctance of Hongkong International Terminals (HIT) to observe international labour standards and to take responsibility for the well-being of dockers working at its ports. Instead of coming to the negotiating table, HIT and its parent company Hutchison Whampoa have run a smear campaign, accusing the union that is organising the strike of political grandstanding.

Only a fool and corporate fat cats would believe that striking dockers, who have put their jobs on the line against the richest man in Asia, are simply incited by a self-seeking politician. If the management at HIT and Hutchison Whampoa dare to look at dockers' appalling work conditions, they would understand why the workers are so determined to press their case.

Striking dockers are paid less now than they were in 1995. Adjusted for inflation, their hourly wage is now some 20 per cent below that of 18 years ago. Stevedores are often asked to work three eight-hour shifts in one go, and they even have to work up to 72 hours continuously during peak seasons. Crane operators work 12-hour shifts, and sometimes 24-hour shifts, in cabins 80 feet above the ground. They are not given proper meal and toilet breaks, and have to eat and urinate in the cranes.

Dockers work in hazardous conditions, and face many potential dangers, such as possible falls from heights, injuries from falling objects, repetitive strain injuries, hearing impairment and respiratory diseases. Work-related injuries and cases of occupational disease are seriously under-reported. Workers claim they are intimidated by their employers and threatened with dismissal if they report cases to the Labour Department.

HIT and Hutchison Whampoa try to distance themselves from any shameful exploitation by claiming that striking dockers are employed by independent contracting companies and do not work directly for HIT. But well-established labour standards are such that while jobs can be outsourced, corporate responsibility cannot.

More often than not, contractual employers do not hold the ultimate decision-making power in determining terms and conditions of work, and are therefore not the appropriate parties to negotiate with. The International Labour Organisation contends that involving the "principal" employers in negotiation is a prerequisite for any meaningful collective bargaining, and this approach is in line with international labour conventions.