(a)
"Overseas Contract" in section 2 of the Contracts for Overseas Employment Ordinance means "2 contract to which that 'rdinance applies".
"Contract of employment" in section 2 of the Employment Ordinance is defined as "any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another and that other agrees to serve his employer as an employee and also a contract of apprenticeship". The definition of a "contract of employ- ment" under section 2 of the Labour Tribunal Ordinance, reads "an agreement, whether express or implied by law, whereby one person agrees to employ another, and that other agrees to serve his employer as an employee whether payment is to be on a price, task or time basis and wherever the services are to be rendered" and includes contract of apprenticeship.
All the above terms have a connotation as wide as the relevant terms in this article.
Article 2
article.
No exceptions have been made under either of the parts of this
Article 3
The definition of "overseas contract" and "contract of employment" in the Contracts for Overseas Employment Ordinance, Employment Ordinance and Labour Ordinance are as indicated in the answer to Article 1(d).
Section 5(2) of the Employment Ordinance prescribes that a contract of employment for a period in excess of one month shall be deemed to be a contract for one month renewable from month to month unless the contract is evidenced in writing signed by each of the parties there to.
Section 5(3) of the ordinance further prescribes that a contract of employment entered into by a manual worker for a period of six months or more or for a number of working days equivalent to six months or more shall be deemed to be a contract for one month renewable from month to month.
The normal method of engagement of manual workers for local employment is by mal conteret. Tery saw ly do workers enter into written contracts for such employment for periods in excess of one month.
Section 5(1) of the Contracts for Overseas Employment Ordinance requires that every overseas contract irrespective of its duration must be in writing and, before the worker's departure from Hong Kong, must ce signed by both the worker and the employer or other person acting on behalf of the employer.
In accordance with section 13 of the Contracts for Overseas Employment Ordinance, the maximum duration which may be stipulated in any overseas contract shall not exceed two years if the worker is not accompanied by an, duplu, a three years if the worker is accompanied by a dependant or dependants. or the maximum period prescribed by the law of the territory in which the contract is to be perfomed, whichever is the less.
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