歷史會記住 — 職工盟留給我們的

10 mins read
職工盟通過解散。

香港勞權監察總幹事蒙兆達 

一年前,職工盟在會員大會通過解散,結束了31年歷史。 政權可以消滅一個組織,卻消滅不了這個組織所代表的信念。職工盟所代表的,不單單是十多萬會員及90個屬會,更是一份獨立自主的工運精神。31年來,這精神在香港的土壤上散播及發揚,經過數代人的持續耕耘,已喚醒了無數的香港工人。  

工人自主:擺脫政權操縱  

當我們回顧香港工運歷史,由親中及親台工會把持壟斷長達半個世紀,當時一般市民習以為常,將工會與國共利益劃上等號,混為一談。加上經歷過六七暴動,很多市民眼見工會受政權指使傷害大量無辜生命,更是聞工會色變。要在如此局面走出獨立工運,更加難能可貴。  

六七暴動之後,基督教工業委員會及其他新興勞工團體在教會支持下相繼成立,漸漸取代了傳統陣營的工會角色,為有需要的工人提供服務,及後更開始協助工人組織工會;70、80年代,香港本土白領工運亦日漸冒起,包括教師、社工、醫護、公務員等不同職業僱員,也紛紛成立屬於自己的工會。逐漸地,市民開始對工會改觀,明白搞工會不必向政權歸邊。1990年職工盟的成立,便是標誌著以上兩股自主工會力量合流發展的里程碑。  

工潮抗爭:工人有力量改變命運  

職工盟在其31年歷史中,投入大大小小的工潮抗爭,每一次得來不易的勝利,都引證著一個信念:工人有力量為自身處境帶來改變。  

大家最耳熟能詳的例子,包括2007年紮鐵大罷工,工潮過後,紮鐵工會每年均與商會進行薪酬談判,直至今天,紮鐵工工資在地盤行內仍是一枝獨秀。2013年,碼頭罷工上演了一幕大衛決戰巨人歌利亞,對手是全球顯嚇的財團富商,經歷艱苦的40天罷工,終能取得接近雙位數的薪酬增幅,亦迫使資方正視碼頭存在已久的不人道工作環境;2017年,海麗邨清潔工人罷工十天,更是一石激起千重浪,引發多個屋邨的清潔工人發動工潮,迫使政府修訂外判政策,引入約滿酬金制度及修訂薪金計分制。  

2013年香港碼頭工人罷工

還有更多更多不能盡錄的抗爭例子,透過職工盟及其屬會的介入,成功扭轉了行業生態或職場的不公平待遇。  

勞法改革:滴水穿石  

除了職場抗爭,職工盟亦在議會內外積極推動勞工法例改革,扮演倡導者的角色。很多今天的勞工保障,例如最低工資法例、取消強積金對沖、增加勞工假期日數、侍產假等,均是由職工盟及其他民間組織作為先行者,由提倡、持續爭取以至落實,不知經歷多少個寒暑,才能看見成效。當中所必須具備的是一份滴水穿石的毅力和決心。  

職工盟一直雙軌並行議會內外兩條戰線,亦見證了香港議會由殖民地時代到主權移交的轉變。1995至1997年,彭定康政改方案改革,令民主派在立法會內佔過半數,並可以私人法案進行立法。職工盟便抓緊這個政治時機,聯同其他親勞工的民主派議員,迫使政府作出多項勞工法例修訂,當中包括將產假及病假薪酬由薪酬的2/3增加至4/5,及在法例中引入「不合理及不合法解僱保障」的條款。  

在主權移交前夕,職工盟秘書長李卓人更以私人法案方式,在立法局提交集體談判權法案成功獲通過。只可惜法例未及生效,已遭特區政府先凍結後廢除,反映主權移交只是換來更嚴重的官商勾結。  

主權移交以後,立法會議員的立法權力被架空,職工盟要爭取最低工資立法,惟有轉戰街頭。職工盟聯同眾多基層工會、勞工和公民社會團體,發起一波又一波的抗爭浪潮,由政府外判、大學、資助機構,一直橫掃至各行各業,爭取提升基層工資,每次攻下一個陣地便累積多一分力量。經歷長達12年抗爭,終於取得全港性立法成果。  

國際戰線:團結無分國界   

相對很多外國工會組織,職工盟本身規模相對細小,資源亦遠較緊絀,但體積雖小,志向卻遠大。從早期基督教工業委員會(工委會)開始,本土工運已建立國際視野,關注世界各地受壓迫人民。例如當年工委會曾發起行動,反對南非種族隔離政策、支援菲律賓人民反對軍事獨裁等。職工盟成立後亦一直維持這一傳統,其中最能體現香港對全球公民社會的承擔,要算2005年反對在香港召開的世貿部長級會議。事件吸引全球數千名示威者來港,職工盟亦義不容辭,與其他本地民間團體組成聯盟,擔當民間抗議的統籌角色。  

資本無分國界,剝削亦不分國籍,只有跨地域團結才是工運的出路。職工盟作為香港唯一自主工會聯盟,亦順理成章加入國際自由勞聯(ICFTU,及後於2006年改組成為國際職工會聯盟, ITUC)成為香港區成員。每當有香港跨國企業在外地的供應鏈剝削血汗勞工,需要組織行動向這些無良僱主施壓,總會看見職工盟的身影。反之,當香港工人發生勞資糾紛,外國工會亦會同樣伸出援手。當年香港葵涌貨櫃碼頭工潮,便連結海外受聘於同一集團的碼頭工人,來自荷蘭及澳洲的碼頭工會更派代表親臨香港聲援。  

澳洲的碼頭工會派代表到香港支持碼頭工人罷工。

此外,職工盟過往亦積極協助香港的外籍勞工,例如從事院舍照顧、地盤及家務工作的外勞。基於語言和文化差異,他們往往處於更加脆弱的位置。一些別有用心的政客,更會利用社會偏見和排外情緒,合理化對這些工人的剝削。縱然面對社會壓力,職工盟總是一往無前,堅定地協助外勞組織工會及爭取合理權益。 

民主抗爭:尊嚴不可踐踏  

從參與工潮抗爭,爭取勞工法例改革,到協助工人成立獨立工會,職工盟都抓緊了工運的根本:人的尊嚴。工人不是無情體制裡的一口螺絲釘,不需要接受憐憫或恩賜,而是要取回自己應得的。  

政府高官和親政府工會,總是將工人視作沒有尊嚴的經濟動物,只求三餐溫飽。每逢社會出現重大爭議,例如清拆菜園村建高鐵、議會拉布及佔領運動等,總有親政府工會動員工人上街指責社會運動「阻人開飯」,職工盟的成員這時候便會站出來仗義執言,表達對社會公義的執著。  

說到底,工人要得到平等地位,便要落實我們應該共同擁有的民主權利。不論是爭取民主政制、反對廿三條立法、雨傘運動、反修例運動,職工盟均從無缺席,代表了工人訴求民主的一把重要聲音。與其說這是將「工會政治化」,倒不如說這是貫徹了獨立工運的理念,將政治還原到她的根本:人的尊嚴。  

2003七一遊行
2014雨傘運動
2019年反對逃犯條例修訂遊行

未走完的路,必有後來者  

擺脫了束縛的人,不會自願將枷鎖重新戴上,成長了的自由意識,也不是政權可以任意逆轉。做人如是,工運亦如是。  

如今雖然職工盟解散了,但她多年來所建立的工運成果,重塑了這個社會的肌理,至今仍然在發揮影響力。在職工盟31年的歷史歲月裡,她所留給我們的信念和價值,亦已超越了一個組織的軀體。政權可以審判一個組織,但卻不能審判歷史,歷史會記住這一切。  

這是一條未走完的路,但工人抗爭的種子已在社會散播,在這條路上,未來必有後來者,繼續這未完成的工運事業。 

History will Remember HKCTU’s Legacy 

6 mins read
職工盟宣布啟動解散程序。

Christopher Siu-tat Mung, Executive Director, Hong Kong Labour Rights Monitor

A year ago today, the Hong Kong Confederation of Trade Unions (HKCTU) passed its dissolution in a General Meeting, ending its 31-year history.

The regime can destroy an organisation, but it cannot destroy the beliefs and values that the organisation represents. What the HKCTU represented was not only its 100,000+ members and 90 affiliated unions, but also the spirit of the independent labour movement, a spirit that was sown 31 years ago and took root in the soil of Hong Kong over the confederation’s history. After generations of continuous endeavours, it has awakened countless Hong Kong workers.   

Worker autonomy: free from regime manipulation

For nearly half a century, the labour movement in Hong Kong was largely monopolised by trade unions representing both the pro-Communist China and pro-Kuomintang Taiwan camps. Consequently, many people inevitably associate trade unions with the interests of either political camp. In addition, having experienced the riots of 1967, many Hong Kongers grew even more disenchanted by trade unions, as they saw that trade unions were commanded by the regime to inflict unnecessary casualties on innocent people. Thus, it is even more admirable to foster an independent labour movement against the background of such circumstances.

The emergence of the Hong Kong Christian Industrial Committee (CIC) and other labour organisations supported by Christian churches after the 1967 riots gradually replaced the roles of traditional trade unions from both political camps. These newly established organisations provided services to workers in need and later assisted workers in organising trade unions. Meanwhile, the white-collar labour movement in Hong Kong was starting to take root in the 1980s, and teachers, social workers, medical staff, civil servants, and other employees of different occupations began to establish their own trade unions. Gradually, Hong Kongers would see trade unions from a different perspective, realising that forming a trade union does not require pledging loyalty to regimes. The establishment of HKCTU in 1990 marked a milestone in the convergence of the aforementioned two independent trade union forces.

Labour protests: workers taking their fates into their own hands 

The HKCTU has been involved in workers’ struggles over its 31-year history. Every hard-won victory, big, or small, demonstrates a belief that workers have the power to bring about changes to their own lives. 

The most well-known examples include the 2007 barbender strike. As a result of the strike, the trade union successfully brought the chamber of commerce to the negotiation table for salary talks every year. To this day, the salaries of barbenders are still the highest in the construction industry. In 2013, dock workers in Hong Kong staged a decisive David and Goliath battle. After a 40-day strike, the workers brought a global conglomerate down to its knees and achieved a nearly double-digit pay rise. More importantly, the strike forced the employer to improve long-standing inhumane working conditions at the docks. The ten-day strike by the Hoi Lai Estate cleaners triggered a wave of labour unrest among fellow cleaning workers in other housing estates, forcing the government to introduce an contract-end bonus and revise salaries pegged to its outsourcing policy.

There are more examples of struggles that cannot be listed. Through the intervention of HKCTU and its affiliated unions, unfair treatments in the industries and workplaces were successfully remedied.

2013: Hong Kong Dockers’ strike

Labour law reform: dripping water wears away a stone 

The HKCTU also actively promoted labour law reform and played an advocacy role both inside and outside the Legislative Council (Legco). The fight for many of today’s labour protections, such as the statutory minimum wage, the cancellation of MPF offset, the increase in statutory holidays, paternity leave, etc., was led by the HKCTU and other civil society organisations after years of advocacy and continuous struggle. What was required in these struggles was perseverance and determination, like water dripping away at a stone.

The HKCTU was at the forefront both inside and outside the Legco, and witnessed its transformation from the colonial era to the post-handover sovereignty era. From 1995 to 1997, owing to Governor Patten’s political reform, was possibly the only time in history that the pro-democratic camp held a majority in the Legco and was able to pass legislation through private bills. The HKCTU seized this political opportunity and joined with other pro-labour pro-democracy lawmakers to force the government to make several labour law amendments, including an increase in maternity and sick leave pay from 66.6% to 75% of the normal salary, and introduced the provisions of unreasonable dismissal into the Employment Ordinance. 

On the eve of the handover of sovereignty, the General Secretary of the HKCTU, Lee Cheuk-yan, submitted a bill on the right to collective bargaining in Legco in the form of a private bill, which was successfully passed. However, it was subsequently suspended and later repealed by the SAR government before the law could come into effect. 

1997: hunger strike to protest against the HKSAR government’s decision to undo the labour law reformed passed under the British Hong Kong government.

After the handover of sovereignty, the legislative power of the legislators was significantly undermined. The HKCTU could only turn to the streets to fight for minimum wage legislation. Together with other grassroots trade unions, labour, and civil society organisations, the HKCTU launched wave after wave of struggles to fight for wage increases in low-paid jobs including government outsourcing posts, universities, subsidised agencies and other low-wage industries. The campaign gathered strength with every hard-fought victory. After 12 years of struggle, a citywide statutory minimum wage was finally achieved. 

2007: HKCTU organised a rally to demand minimum wage legislation

International front: Solidarity knows no borders  

Despite the HKCTU being relatively small in scale and having far fewer resources, it had lofty ambitions. Since the early days of the CIC, the independent labour movement in Hong Kong already had a vision of international worker solidarity and concern for oppressed people around the world. For instance, the CIC launched actions against apartheid in South Africa and military dictatorships in the Philippines.  

The HKCTU carried on this tradition after its establishment. One of the best examples of the HKCTU’s commitment to global civil society is the 2005 WTO Ministerial Conference held in Hong Kong. The event attracted thousands of demonstrators from all over the world to Hong Kong, and the HKCTU formed an alliance with other civil society organisations to coordinate these protests. 

Capital knows no borders, and exploitation knows no nationality; the only way forward for the labour movement is transnational solidarity. As the only independent trade union federation in Hong Kong, the HKCTU joined the International Confederation of Free Trade Unions (later restructuring into the International Trade Union Confederation in 2006) as a member.  

The HKCTU never shied away from supporting overseas workers who were exploited by Hong Kong multinational enterprises; trade unions launched actions to put pressure on these unscrupulous employers or parent companies in Hong Kong. Conversely, foreign trade unions would also lend a helping hand when Hong Kong workers had labour disputes.  

In 2013, when the dock workers in Hong Kong went on strike, representatives of the dock workers’ unions from the Netherlands and Australia, who were also employed by the same corporation came to Hong Kong to stand in solidarity with their Hong Kong counterparts. 

Maritime Union of Australia came to Hong Kong to support the Hong Kong dockers’ strike in 2013.

HKCTU was also a committed ally to migrant workers in Hong Kong, such as carers in elderly homes, construction site workers and home helpers. Migrant workers are often in a more vulnerable position due to language and cultural barriers. Some politicians would even take advantage of social prejudice and xenophobia to justify the exploitation of these workers. Unfazed by immense social pressure, the HKCTU always steadfastly supported and helped migrant workers to organise and fight for fair pay and their rights. 

Democracy struggle: Dignity cannot be trampled   

From participating in the labour protests and striving for labour law reforms to assisting workers in establishing independent labour unions, the HKCTU always embraced the fundamentals of the labour movement: human dignity. Workers are not cogs in a machine who seek mercy or charity. They are entitled to claim what they deserve. 

Senior government officials and pro-government trade unions always treat workers as mendicants whose only concern is to put food on the table. Whenever there were major social controversies, such as the demolition of Choiyuen Village for the high-speed railway, a filibuster in the Legco, and the 2014 Occupy Movement, pro-government trade unions would mobilise workers to take to the streets to accuse social movements of “taking away their livelihood”. At such times, members of the HKCTU would always righteously speak up in support of social movements and express their tenacity and commitment to social justice. 

At the end of the day, universal political rights will need to be established to attain equality for the working class. In fact, the HKCTU was never absent in the democratic movement in recent times. Whether it was the fight for a democratic electoral system, opposing Article 23 of the Basic Law in 2003, the Umbrella Movement, or the Anti-Extradition Law Amendment Bill Movement, the HKCTU was always at the forefront of the fight to represent workers’ demands for democracy. Rather than “politicising trade unions”, the fight for democracy is more about implementing the idea of the independent labour movement and restoring politics to its very roots: human dignity. 

2003 July 1st protest
2014 Umbrella Movement
2019: Anti-Extradiction Law Amendment Bill protest

An unfinished journey to pass on  

People who have been freed from their shackles will not voluntarily put the shackles back on. The sense of freedom that has taken root in human beings or in labour movements is not something that the regime can arbitrarily reverse. 

Although the HKCTU is now disbanded, the achievements of the labour movement it had built over the years have reshaped the fabric of society and still exert influence to this day. In the 31-year history of the HKCTU, the beliefs and values it has left behind have already outlived the existence of the organisation. A regime can indict an organisation, but it cannot indict history. History will record everything. 

This is an unfinished journey, but the seeds of workers’ resistance have been sown deep and wide. There will be newcomers, its successors to carry on this unfinished journey and accomplish the cause of the labour movement.