3
(b) Notwithstanding the provision of Clause 12(a), the Employer may terminate the Ontract without notice or payment in lieu of notice if the Helper, in relation to the employment,
(i) wilfully disobeys a lawful and reasonable order;
(ii) commits misconduct, such misconduct being inconsistent with the due and faithful
discharge of his/her* duties;
(iii) is guilty of fraud or dishonesty;
(iv) is habitually neglectful in his/her* duties, or
(v) is unfit for further service as certified by a medical practitioner under Clause 9(c).
The Employer shall inform the Director of Immigration and the Commissioner for Labour the termination of the Contract in writing.
(c) Notwithstanding the provisions of Clause 12(a), the Helper may terminate the Contract without notice or payment in lieu of notice if
(i) he/she* reasonable fears physical danger by violence or disease such as was not contemplated by his/her* Contract of employment expressly or by necessary implication;
(ii) he/she is subjected to ill-treatment by the Employer; or
(iii) on any other ground on which he/she* would be entitled to terminate the contract
without notice at common law.
The Employer shall inform the Director of Immigration and the Commissioner for Labour the termination of the Contract in writing.
(d) In case of termination of Contract under Clause 12(a) or (c), the Employer shall be responsible for the costs of the Helper's return passage, supplemented by the travelling allowance stated in Clause 7(c), to
or at the Helper's request to his/her* place of origin if such place is nearer to Hong Kong. Such free passage shall be provided within two weeks after the date of termination except that, where the Helper takes up new employment and prior to his/her* entering the new employment:-
(i) the Director of Immigration has approved the change of employment;
(ii) the Employer has notified the Director of Immigration that he has no objection to
the Helper's being employed by the nominated new employer;
(iii) the new Employer has given to the Director of Immigration an undertaking to pay
the costs of the Helper's return passage;
(iv) a Contract has been entered into between the Helper and the new Employer and has
been attested by the Commissioner for Labour;
(v) the new Employer has informed the
Consulate General/Commissioner* in Hong Kong of the change of employment and the new Employer's address;
the Employer's responsibility shall cease.
(e) In case of termination of Contract under Clause 12(b), the Helper shall be immediately
repatriated to
or at the Helper's request sent to his/her* place of origin if such place is nearer to Hong Kong. The Employer shall pay the costs of the return passage supplemented by the travelling allowance stated in Clause 7(c).
13. Any variation or addition to the terms of this Contract during its duration shall be made only with the consent of the Commissioner for Labour in Hong Kong.
14. The law applicable to this contract shall be that of Hong Kong.
15. In the event of the death of the Helper during the period of the employment, the Employer shall pay the cost of transporting the Helper's remains and personal property from Hong Kong to his/her* place of origin in the country of origin.
16. This Contract shall be presented to the Commissioner for Labour, Hong Kong, for attestation prior to its commencement. Before such attestation the Helper shall, at the expense
* Delete where inappropriate.
Variation
Law of Hong Kong
Death of Helper
Attestation
of Contract and Medical Examination