5-
As to clause 14
-
the length of the period of notise
is matter for agreement between the parties and cannot
dictated by the Authority.
A
employers right to terminate a contract forthwith
on payment of the appropriate amount of wages in lieu of
notice is well established in law and this right of the
employer is preserved in cluase 14 (a). If the employer
has such a right it is right that the employee should
have a similar right either to give the appropriate notice
or walk out subject to a liability to pay a certain amount
as liquidated damages. This is not clearly expressed and
if the employee walks out and does not pay or tender the
appropriate amount it can
be argued that he is in default.
The only event in which by section 5 (?) (k) the
worker forfeits his right to repatriation is where the
contract is put an end to by his default; sub-paragraph (c)
of clause 14 in
the model contract however goes beyond the
requirement of section 5 (2) (k) in that an employer who has
dismissed the worker summarily for cause shown (1.e, default
still has to pay for his repatriation.
The present contract is too favourable to workers
and they are taking advantage of it. A worker can (with
his tongue in his cheek) enter into such a contract in
Hong Kong, be brought over here at his employer's expense
and then once here he can walk out or give notice; seek
employment elsewhere and so has in fact got himself over
here at someone else's expense and then shed himself of
the contract he entered into.
Negotiation and discussion with the Authorities
with the intention of seeking some modification of in
particular section 5 (2) (k) of the Ordinance and the
ment of a form of contract is the only course open to the
Agency to pursue.
(signed) John Lawrence
January 1967.