Clause 5

by renumbering the existing section as subsection (1); and

by inserting immediately after subsection (1) thereof the following new subsection: —“(2) Notwithstanding the provisions of subsection (1) of this section, no trade union of employees may include in a notice setting out proposals for a collective agreement a proposal in relation to any of the following matters, that is to say: —

the promotion by an employer of any employee from a lower grade or category to a higher grade or category;

the transfer by an employer of an employee within the organisation of an employer’s profession, business, trade or work, provided that such transfer does not entail a change to the detriment of an employee in regard to his terms of employment;

the employment by an employer of any person that he may appoint in the event of a vacancy arising in his establishment;

the termination by an employer of the services of an employee by reason of redundancy or by reason of the reorganisation of an employer’s profession, business, trade or work or the criteria for such termination;

the dismissal and reinstatement of an employee by an employer in circumstances in which subsection (2) of section 34 of this Ordinance applies; or

the assignment or allocation by an employer of duties or specific tasks to an employee that are consistent or compatible with the terms of his employment.”.