Conciliation services are accessible to both employers and employees. In case of a labour dispute, the parties concerned can approach the branch office nearest to their workplace for enquiries in person. The staff will interview the party to understand the issue involved and explain the relevant provisions of the Employment Ordinance and/ or the Minimum Wage Ordinance. If the party requires conciliation services, the staff will assist them in completing a claim form. Upon receipt of the completed claim form^Remarks, the office will arrange a conciliation meeting and issue a letter inviting the other party to attend the conciliation meeting at the scheduled time. The conciliation meeting may be conducted via telephone under special circumstances.

At the conciliation meeting, the conciliation officer will assist both parties in exploring the crux of the issues concerned and analysing the situation, explain to them the relevant statutory requirements and terms of employment contracts, as well as advise them to consider the matter from the perspectives of legality, reasonableness, and empathy with a view to identifying a mutually acceptable settlement. If necessary, both parties may sign a settlement agreement. If the settlement involves monetary compensation, the conciliation officer can assist in arranging the payment procedures.

If either party fails to attend the conciliation meeting, or the parties are unable to reach a settlement through the conciliation, the conciliation officer will arrange another meeting. Alternatively, subject to the views of the party concerned, the officer may refer the claimant to the Minor Employment Claims Adjudication Board or the Labour Tribunal for adjudication, depending on the number of claimants and the claim amount.

If an employer or a company fails to pay the wages in arrears or relevant payments due to bankruptcy or liquidation, the employee will, where necessary, be assisted in applying for an ex gratia payment from the Protection of Wages on Insolvency Fund.

---

^Remarks:Claimants can submit Labour Relations Division claim form of the Labour Department by the following ways:

• Approach a branch office near his/her workplace; or
• For "iAM Smart+" registrants, by adopting the digital signing function, they can submit the electronic claim form online. (See here for Quick Guide on the electronic claim form) (2,254 KB)

The conciliation officer serves as a neutral intermediary, assisting both parties in exploring the crux of the problem and engaging in frank dialogue, resolving differences to prevent the situation from escalating, and helping to find a solution acceptable to both parties.

Participation in conciliation meetings is on a voluntary basis. The conciliation officer is not vested with adjudicative powers and therefore cannot rule on who is right or wrong. However, in the event of any suspected breach of the Employment Ordinance or the Minimum Wage Ordinance, the conciliation officer, with the consent of the parties concerned to assist in the investigation, will refer the case to relevant divisions for criminal investigation.

Apart from assisting in the resolution of labour disputes and claims, staff of the Labour Relations Division also handle enquiries relating to the Employment Ordinance, the Minimum Wage Ordinance and employment contracts, with a view to assisting both employers and employees in understanding their rights and obligations under the Employment Ordinance or the terms of their employment contracts, so as to prevent unnecessary labour disputes.