Dd. 32855 Ed (4200)
NOTHING TO BE WRITTEN IN THIS MARGIN
The Hong Kong Government do not deny that
their requirement is unfavourable to an employer
in circumstances where an unscrupulous worker
walks out on his contract after having obtained
a passage to the United Kingdom at his
employer's expense. There are, however,
legitimate circumstances in which a worker
might reasonably wish to terminate a contract
which he has signed without full knowledge of
working conditions in this country. The Hong
Kong Government have gone some way towards
making it more difficult for the unscrupulous
worker to terminate employment, by extending
the period of notice recommended in their model
contract, from one month to three months, and
there is, of course, nothing to prevent the
employer and the worker freely negotiating a
longer period. The Hong Kong Government have
not, however, been able to devise a suitable
alternative provision which would safeguard the
employer against abuses and, at the same time,
protect the interests of Chinese workers
proceeding abroad for employment.
latter objective which is, of course, the
essential purpose of the legislation.
It is this
The second aspect of the passages problem
is the employer's liability to bear the
repatriation expenses of the alien worker whom
he has brought to this country. This again is
a requirement of Hong Kong law, based on
Article 13 of I.L.0. Convention No. 64:
/Contracts