Conciliation service is accessible to both employers and employees. In case of a labour dispute, either party involved may approach a branch office near his work place to make enquiries in person. The staff of the branch office will interview the enquirer to understand the issue involved and explain the relevant provisions of the Employment Ordinance and/ or the Minimum Wage Ordinance. If the party concerned requires conciliation service, staff will assist him in filling a claim form and a conciliation meeting would be arranged upon receipt of a completed claim form^Remarks. The other party would be invited in writing to attend the conciliation meeting at the scheduled time. The conciliation meeting may also be conducted by telephone under special circumstances.

At the conciliation meeting, the conciliation officer would assist both parties in exploring the crux of the issue concerned, and in analysing the situation. He would draw their attention to the relevant statutory requirements and terms of the employment contract, thus facilitating them to reach a mutually acceptable settlement. If necessary, a settlement agreement would also be signed by the parties. If the settlement involves monetary compensation, the conciliation officer would assist in making arrangements for effecting the payment.

If either party fails to attend the conciliation meeting, or no settlement is reached between both parties at the meeting, the conciliation officer will arrange another conciliation meeting, or at the request of the party concerned, refer him/her to lodge a claim with 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 cannot pay the wages in arrears or relevant termination payments on account of bankruptcy or liquidation, the employee will be assisted to apply for ex gratia payment from the Protection of Wages on Insolvency Fund as necessary.

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^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)

The conciliation officer is a neutral intermediary who assists both parties to understand the problem and to have a frank dialogue so as to remove each other's different viewpoints and prevent the issue from deteriorating. He also endeavours to seek a settlement which is acceptable to both parties.

Attendance at conciliation meetings is voluntary for both the employee and the employer. The conciliation officer does not have the power to adjudicate the claims. However, in the event that any suspected breach of the Employment Ordinance or the Minimum Wage Ordinance is detected, subject to the consent from the parties concerned for providing assistance, the conciliation officer will refer the case to relevant divisions for criminal investigation. Prosecution may be instituted by the Labour Department where there is sufficient evidence.

Apart from handling labour disputes, staff of the Labour Relations Division also answer enquiries about the Employment Ordinance, the Minimum Wage Ordinance and the conditions of employment, with a view to assisting them in understanding their rights and obligations as stipulated under the Employment Ordinance or in the terms of employment contracts, as well as offer advice on personnel management practices so as to forestall the occurrence of labour disputes.