Contracts of Employment (Indigenous Workers)
Convention.
Here too
ん
The bias in favour of the worker
is again recognised, But the reason for this is
that, unlike Commonwealth citizens, alien workers
brought to this country (and both the Ordinance
and the contract apply only to them) are not
entitled to stay indefinitely and cannot be
allowed to become a charge on the State. In
this respect the Hong Kong law corresponds to the
Home Office requirement for the issue of work
permits to aliens that the employer bringing
them to this country must assume responsibility
for their repatriation on the termination or
expiry of their contracts.
The practical difficulty of making workers
observe the terms of their contracts is a real
one and, in his efforts to secure the
enforcement of contracts, Mr. Burn has approached
many public authorities, both here and in Hong
Kong. Inevitably the gist of their advice has
been that a contract of employment is a matter
between the parties concerned and that in the
circumstances he describes no public authority
has either the duty or the right to enforce
compliance with its provisions. If either
party commits a breach of contract, the remedy
amy lies in a civil action in the Courts.
I am sure that if Mr. Burn has consulted his
Solicitors' or Employers' Association, he will
have been given similar advice, and that some
of the difficulties that an employer may expect
/to encounter
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