Workers who strike will be protected from instant dismissal under a government proposal to be discussed today.
The authorities plan to amend legislation that allows an employer to fire a worker who disobeys 'a lawful and reasonable order' or fails to carry out his duties. Currently, the employer does not have to give notice or pay severance or retirement benefits.
The new proposal is to bring the law in line with Basic Law Article 27, which enshrines people's rights 'to join and form trade unions and to strike'.
It is understood the Government also wants to make it easier for employees dismissed on unfair grounds such as disability, pregnancy, sex or family status to get their jobs back.
At present, they can only do so if their boss agrees.
The Education and Manpower Bureau proposes that the courts issue a reinstatement order, regardless of the employer's consent.
Commissioner for Labour Matthew Cheung Kin-chung said yesterday: 'This [law] is vague and we need to clarify beyond doubt that a worker on strike would not be considered as breaching the terms of contract.' But he denied the provision breached the Basic Law.