Commissioner of Labour
is bound by statute to insist
utory requirements,
upon
Where inclusion! t
wencrements when
The bound
of
#tatuta
on
contains a clause which makes provision for the
termination of the contract by a worker without
commitment to repay any part of the expenses incurred
by the employer in regard to his passage to the U.K.
The Hong Kong Government require the inclusion in the
contract of a provision along these lines and in doing
not only
to miswil
matter very ima
(See Arhele 20
of Convention No So -Recruiting of Indigenous weakers
We almi that the 1.4.0. Convention does.
so they are acting within powers conferred by the but are complying with the F.LO Convention covering this Hong Kong legislation, It is not, I think you will agrende alge stupan
unreasonable to expect an employer who recruits alien
so far away as Hong Kong
workers from abroad to bear the sole responsibility for
the recruitment expenses that he incurs.
5.
The Hong Kong Government do not deny that
the requirement is unfavourable to an employer in
circumstances where an unscrupulous worker walks out
on his contract after having obtained a passage to the
U.K. at his employer's expense; there are, however,
many other quite 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
month
They have
model contract from one to three months. It has not,
A
able
however, been possible to devise a suitable alternative
provision which would safeguard the employer against
abuses while, at the same time, protecting the interests
The
of Chinese workers proceeding abroad for employment;
*
aim
it is this latter purpose which is, of course, the
essential purpose
prime-object of the legislation.
6.
The second aspect of the passages problem is
the employer's liability to bear (at least part of) the
கூ).
repatriation expenses of the alien worker whom he has
This fie bad-
at least in part; in the event of the latter terminating the
brought to this country, even if the latter has
continct excite
prematurely
/terminated
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