Article 13 of 1.1.0. Convention No. 64:
Contracts of Employment (Indigenous Workers)
Convention. The bias in favour of the worker
is again recognised, [ Take m
shp] that align workers
but the reason for this is
both the Ordinance anot
Y
and the contract applies
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only to them - are foreigners who are in need
protection in a strange land.
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,
if any, 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 in an action against an employee in
the Courts will have been explained to him.
Mr. Burn's problem is essentially one that
is faced by all employers who bring foreign
workers to this country and, as he says in his
letter, other firms in the same business as his
own do not appear to have found difficulty in
accepting the Hong Kong Government's requirements
in
1
・they all have to
nute By this workers.
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