5
employment permits, for the worker and his dependants shall be provided by or on behalf of the employer free of charge to the worker and his dependants;
(k) an undertaking that, upon the termination of contract other- wise than by, or in consequence of, the default of the worker. the worker, if he so requests the employer within three months after such termination, shall be repatriated at the employer's expense (which shall include travelling and subsistence expenses during the journey and subsistence expenses during the period, if any, between the date of such termination and the date of repatriation other than a period during which repatriation has been delayed by the worker's own choice or for reasons of force majeure) to his place of engagement or, at the worker's request, to his place of origin if such place is nearer to the place at which the contract was performed, together with his dependants (if any) who were brought to the place at which the contract was performed by or on behalf of the employer; (D) an undertaking that in the event of the death of the worker his dependants (if any) who were brought to the place at which the contract was being performed by or on behalf of the employer shall, if they so request within three months after the death of the worker, be repatriated at the employer's expense (which shall include travelling and subsistence expenses referred to in paragraph (k)) to the worker's place of engagement or, at their request, to the worker's place of origin if such place is nearer to the place at which the contract was being performed: (m) a stipulation that the employer shall provide free of charge facilities for the worker to make remittances to his family or dependants in the Colony:
(^) an undertaking that, on the expiry of the contract, the worker will not be required to begin the employment stipulated in any re-engagement contract if-
(i) on the expiry of the contract, he has been separated from all his dependants for more than eighteen months; or
(ii) the period served under such contract together with the duration stipulated in the re-engagement contract will involve the separation of the worker from all his dependants for more than eighteen months,
until he has had the opportunity of returning, at the employer's expense, to the place stipulated in the contract as his home, being the place at which his dependants or the majority of his dependants are at the date when he entered into the contract or such other place as the Commissioner in the special circum- stances of the case may approve.
(o) any other special conditions of the contract.
6. Every overseas contract shall be presented to the Commissioner Presentation for attestation before the departure of the worker from the Colony.
7. Where an overseas contract-
of overseas contract for attestation.
Effect of non-
compliance
(a) is not in writing in accordance with aubsection (1) of section 5; with section
or
(b) has not been presented to the Commissioner for attestation
before the departure of the worker from the Colony,
it shall not be enforceable against the worker and no action shall ba maintainable against the worker for breach or non-fulâlment thereof, and, where the omission to make the contract in writing or to present the contract for attestation, as the case may be, is due to wilful omission or neglect on the part of the employer or any person acting on the employ- er's behalf, the worker may, without prejudice to any right he may have to sue for damages for breach of contract, sue the employer or such person for any expenses reasonably incurred by him in the return of himself and any dependants accompanying him to the Colony.
The Commissioner may require, as a condition precedent to the attestation of any overseas contract, that a person approved by him and permanently resident in the Colony sball-
5 ar 6.
Power to require bood
or goumateC for duo per fortance of
(a) furnish a bond in such sum and in such form as he may require, overseas
with or without sureties; or
(6) sign a guarantee in such form as he may require, generally for the performance of the contract by the employer, and, in particular, for performance by the employer of his undertaking respecting repatriation of the worker and his dependants (if any) contained in the contract pursuant to paragraph (k) or (D), as the case may be, and, as regards provision of travel documents, pursuant to paragraph (/), of subsection (2) of section 5, whether, as regards any such undertaking. the contract is or may be or becomes void or unenforceable for any
reason.
contract.
9. Every worker who enters into an overseas contract shall, al Medical
examination the expense of the employer or other person acting on the employer's
prior to behalf, be medically examined prior to the attestation of the contract attestation. as to bis fitness to perform the work contemplated by the contract.
10. (1) Before attesting any contract pursuant to section 6, the Attestation Commissioner shall satisfy bimself that-
(a) the worker has freely consented to the contract and that the consent has not been obtained by or as a result of any threat, intimidation, bribery, deceit, undue influence, misrepresentation or mistake;
of overseas contracts.
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