Memorandum of Understanding on Labour Cooperation
Between Chile and Hong Kong, China
The Governments of the Hong Kong Special Administrative Region of the People’s Republic of China
(“Hong Kong, China”) and Republic of Chile (“Chile”), hereinafter individually referred to as a “Party”
or collectively as the “Parties”:
Desiring to express an approach dealing with labour issues based on dialogue, cooperation and
consultation, taking into account the needs, aspirations and unique circumstances of each Party;
Seeking to improve working conditions and protect and enhance the basic workers’ rights in the
areas of the Parties, taking into account the different domestic contexts, including development, social,
cultural and historical backgrounds;
Acknowledging that the Parties share a similar commitment to improving the levels of labour protection
through their domestic laws and regulations, policies and practices, taking into account their domestic
context and priorities;
Considering the strategic labour objectives of the International Labour Organization (“ILO”), including
those related to employment, labour standards, social protection and social dialogue, which the Parties firmly
Considering the Free Trade Agreement between Hong Kong, China and Chile, done at Vladivostok,
Russian Federation, on September 7th, 2012 (“FTA”),
Have agreed as follows:
The objectives of the Parties under this Memorandum of Understanding (“MOU”) are to:
(a) through dialogue and cooperation between them, strengthen their broader relationship and facilitate
the improvement of their capacities to address labour matters;
(b) enhance the well-being of their respective workforces progressively, through the promotion of sound
labour policies and practices, and better understanding of each other’s labour system; and
(c) provide a forum to discuss and exchange views on labour issues of interest or concern.
1. The Parties affirm their respective commitments to the principles of the ILO Declaration on Fundamental
Principles and Rights at Work and its Follow-up (1998).
2. Each Party shall seek to improve its labour laws, regulations, policies and practices, taking into account
the international labour commitments applicable to it and its domestic circumstances.
3. Each Party shall respect the other Party’s right to set, administer and enforce its own labour laws,
regulations, policies and priorities, as appropriate.
4. The Parties recognise that it is inappropriate to set or use their labour laws, regulations, policies
and practices for trade protectionist purposes.
5. The Parties recognise that it is inappropriate to encourage or gain trade or investment advantage by
weakening or failing to enforce or administer their labour laws, regulations, policies and practices in
a manner affecting trade between them.
6. Each Party shall promote public awareness of its labour laws and regulations domestically.
1. The Parties agree to establish a dialogue on labour matters of mutual interest and may explore
opportunities for cooperation. Such dialogue and cooperation shall be subject to the availability of
resources, the respective priorities of the Parties and their respective domestic laws and regulations.
2. Taking into account the Parties’ interest and expertise in labour related areas, the Parties may
jointly decide specific cooperative activities which may be implemented through a variety of means, such
as the exchange of best practices and information, joint projects, studies, visits, workshops and dialogues
as the Parties may agree. If the cooperative activities need funding, it shall be decided by the Parties
on a case-by-case basis, and according to the respective priorities of the Parties, their domestic laws
and regulations and budget available.
3. Each Party may, as appropriate, invite the participation of its stakeholders in identifying potential
areas for cooperation and in undertaking cooperative activities.
1. In order to facilitate communication between the Parties for the purposes of this MOU, each Party shall
designate a contact point no later than 6 months after the date of its entry into force. Each Party shall
notify the other Party promptly of any change of the contact point.
2. The Parties may exchange information and coordinate activities by any means of communication, including
internet and videoconference.
3. The Parties may agree to meet in order to discuss and exchange views on matters of mutual interest, consider
areas of potential cooperative activities, and address any issue that may arise between them.
4. Each Party may, having regard to its own domestic circumstances, consult its stakeholders over matters
relating to the operation of this MOU by whatever means that Party considers appropriate.
1. The Parties shall endeavour, at all times, to make every effort to settle in good faith any issue concerning
the interpretation, implementation or application of this MOU through dialogue, cooperation and consultations.
2. Should any issue arise concerning the interpretation, implementation or application of this MOU, a Party may
request consultations with the other Party, through its contact point. Any difference that may arise under or
relating to this MOU shall be resolved solely between the Parties in accordance with this Article.
3. The Parties shall complete the consultations as soon as practicable, following the receipt by the requested
Party of the request for consultations pursuant to paragraph 2.
1. This MOU is concluded separately from, but alongside, the FTA.
2. This MOU shall enter into force on the same date as that of the FTA.
3. Either Party may terminate this MOU by written notification to the other Party. This MOU shall expire 180
days after the date of such notification.
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed
DONE in duplicate at Hong Kong and Santiago on the dates indicated, in the English language.
FOR THE GOVERNMENT OF
THE HONG KONG SPECIAL
ADMINISTRATIVE REGION OF
THE PEOPLE’S REPUBLIC OF
FOR THE GOVERNMENT OF
THE REPUBLIC OF CHILE
Dated this day of , 2012
Dated this day of , 2012