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The Contracts for Overseas employment Orduance No. 8 of 1965., requires that any person travelling orerauns must have a written contract in torme in accordance with the Ordinance. This contract las tore presented to the Commissioner for attestation, before the angloyee is allowed to leave the Colony,
The My ca.tract the Commissio.er vill attest is one that is mort wfavourable to the employer, particularly in regards to terms of termuation, in so muches a porean can be transpested to the United dingdom at the expense to the umglayer of come teop hundred pounds and won arrival reûme to take up the employmeNA which the Ministry of Latour have authorised. The only redress the employer ca.. claim under the terms of contract is four weeke wages in lieu of notice.
In numerous Letters toth my Companies and agenda raprasvating domestic employers in the United Kingdom have requested the Bong Kong Commissioner of Labour to grant us a contract that is fair to both parties, the bus refused to alter the terms of his sta kard contract. We have also written and requested that he forms us what Section of the Ordinance be relles for his authority, he refused to reply to our letters on this pott.
We have oftained legal opinion and have been advised that the actions of the Commissioner of Labour is exceeding the powers Given to him wider the Ürdinance and wo shority expect a legal opinion from Hong kong in order that we may procued to ruske him state hún authority in Hong Kong Courts.
The contract also containe several clausce co.coming the intervention of the Congstent Authority. Thus Muistry of Labvur state that they had previously informed Hong Kong Latour Departament that they were not prepared to intervene or enforce thess clausos. The bong bout oxplanation is they aru aware of these views, "qu the Ministry had stated that they had no objection to allowing there clauses to remata in tiæ contract. Thus toth parties to the contract o'ini..a wrong impression of theey clauses.
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The view of the Ministry in that a coulmat is purely a private arrangeinent Fetween coytoyer and employee. In the avont of a perstu not taking up the employment upon arrival, they will rant permission to any other employer that requests bis services.
The Boine Office likewise amrider, they have no powers to withdraw the Altans porinisaton to stay, even although we have stated cases that clearly show that these parsons arve boen acting against the interests of the country through leaving enmployment when the employer wan able to grant a third increase in wages over the contracted figure due to the Prices and Incomes XV.