Dd. 32855 Ed (4200)
NOTHING TO BE WRITTEN IN THIS MARGIN
One any
Ma ale are
Phake the..
Dection m
M
Чем са
the wit
pay
pim I thine pe Have Who
Whe
a permit
country at least in part in the event of the latter
terminating the contract prematurely, This again is a
requirement of Hong Kong law, based on Article 13 of I.L.0.
Convention No. 64:Contracts of Employment (Indigenous Workers) Convention. Eine contract-dees, neventholess.
provide for this ability to be transferred to a new
employer if the worker frem The bias of the AMMA
Consents
concepts to thie being done.]
in favour of the worker is again
recognised, but the reason for this is that alien workers
and the provision applies only to them - are foreigners
who are in need of protection in a strange land, and they
cannot be allowed ter become a burden on the country le
Her employers recruiting alien workers from.
resour es.
Yi..
overseas are aware of this provision and know that work
permits are not granted unless they guarantee the workers'
repatriation. They also know that they can recover part of
the repatriation expenses from the employee who
prematurely terminates his employment."
ens that
The practical difficulty of making workers observe
the terms of their contracts is a real one and, in his
ext
m
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
Page 45Page 46
êxplained to him.
B