In the absence of legislation - and thereby an objective procedure of determining the representative status of trade unions for collective bargaining purposes - workers and trade unions are often forced to take industrial action to press for their demands. Employers refuse to recognise the union and to bargain without legal penalty. In none of the following industrial actions reported by the Hong Kong Confederation of Trade Unions (HKCTU) has the employer consented to negotiate with the trade union as the collective bargaining partner in the interest of restoring industrial peace.
In June, Swire Coca Cola HK Limited refused to sign a bonus scheme agreement for new permanent staff members with Swire Beverages (Hong Kong) Employees General Union even though the union had submitted a written request.
Vitasoy Employees Union submitted a written request for a regular meeting and union recognition in September 2010. The management rejected the request. The union again sent a letter to the chairmen of Vitasoy International Holding Limited in June 2011, and was rejected again.
In July 2011, Campus Facilities Management Company Limited Workers Union submitted a written request for a salary negotiation. The management refused. The union had no choice but to take industrial action. In the end, the company offered only a slight pay raise to workers.
Most of the main operators of Hong Kong container terminals outsource the work to sub-contractors. Workers are paid low wages and their working hours are long. The Union of Hong Kong Dockers submitted a written request for salary negotiations in both 2010 and 2011. The operators, including Hong Kong International Terminals Limited, DP World Hong Kong, Asian Container Terminals Limited and Modern Terminals Limited, refused to negotiate with the union.