Miss Florence Ho Social Services Branch Government Secretariat Lower Albert Road HONG KONG

HKK 211/6207

- 5 DEC

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LAG 214/393/9

24 November 1977

IMPROVED DECLARATION ON ILO CONVENTION 101 PAY (AGRICULTURE), 1952

1.

HOLIDAYS WITH

Many thanks for your letter (29) in SS 101/3/5683/58 of 17 November enclosing a trial report on Convention 101.

2. I agree that modifications are required in respect of Articles 1 and 10 of the Convention. When forwarding a declaration to the ILO we propose to make the modifications in the following terms:

"Article 1

The Convention is applied to all manual workers and to non-manual workers whose wages do not exceed HK$2,000 per month.

Article 10 There is no system of labour inspection in agriculture".

3. I also agree that, for the reasons you suggest, there is no necessity for modifications in respect of Articles 2, 4 and 5.

4. I am in some doubt, however, in regard to Article 9. Section 41D of the Employment (Amendment) (No. 3) Ordinance 1977 makes provision over and above what is required by the Convention in that it prescribes leave pay for (i) persons dismissed for misconduct; and (ii) persons whose employment is terminated without their having completed a period of service which would entitle them to annual leave under section 41A(1).

/Article

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