Capacity to Enter into
An Overseas
contract.
Maximum duration of
Overseas contract.
(b) the worker has fully understood the terms of the contract;
(<) the contract is in accordance with the requirements of this
Ordinance:
(d) in relation to the worker, there has been no contravention of
any of the provisions of subsection (1) of section 14;
(e) the provisions relating to medical examination set out in section 9 have been complied with and the worker is in a fit condition to perform the contract;
( any bond or guarantee required to be furnished has been
furnished in accordance with section 8; and
(g) the worker has declared himself not bound by a previous
engagement,
(A) in respect of a contract to be performed in a territory for which the Contracts of Employment (Indigenous Workers) Conven- tion 1939, of the International Labour Organization, is not in force, the worker will be entitled in that territory, either in virtue of the law of that territory or in virtue of the terms of the con- tract, to the rights and protection specified in articles 10 to 16 of the aforementioned Convention.
(2) The Commissioner may refuse to attest any such contract in respect of which he is not satisfied in regard to any of the matters specified in subsection (1), and any contract which the Commissioner has refused to sign, being a contract required to be presented to him for attestation pursuant to section 6, shall have no further validity.
(3) Where the Commissioner attests any such contract, he shall attest not less than two copies in addition to the original and shall—
(a) deliver one copy to the worker; and
(b) retain one copy in safe custody for a period of not less than
six years.
11. A person whose age is either less than eighteen years or less than the minimum age of capacity for entering into an overseas contract allowed by the law of the territory in which the contract is to be per- formed shall not be capable of entering into an overseas contracı.
12. The maximum duration which may be stipulated in any over- seas contract shall in no case exceed-
(2) two years if the worker is not accompanied by any dependants, or three years if the worker is accompanied by a dependant or dependants; or
7
(5) the maximum period prescribed by the law of the territory in
which the contract is to be performed,
whichever is the less.
13. For the avoidance of doubt, all the provisions of this Ordinance Provisions to save where the context otherwise requires shall apply to overseas con- tracts of re-engagement.
PART III
THE OBTAINING OR SUPPLY OF PERSONS FOR OVERSEAS CONTRACTS.
apply to рустная contract of re- Eng:REIGNL.
14. (1) No person shall, in the Colony, undertake any operation Probibidon with the object of obtaining or supplying, for employment under over- in respect of
obtaining and seas contracts, the labour of persons who do not spontaneously offer supplying their services at an emigration or employment office registered with the labour of Commissioner.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on summary convic- tion to a fine of five thousand dollars and to imprisonment for six months.
(3) Nothing in this section shall be construed to prohibit the ad- vertisement, in the press or by means of posters, notices, letters or word of mouth, of vacancies for employment under overseas contracts,
cortala TGBOTS.
to make
15. The Commissioner may by regulation provide for the mainten- Power ance by persons engaged in obtaining or supplying persons for employ- regulations. ment under overseas contracts of written records, and for the submission of returna, in such form as may be specified therein.
PART IV.
CONSEQUENTIAL AMENDMENT AND COMMENCEMENT.
16. (1) The Asiatic Emigration Ordinance 1915 is amended-
Consequen-
dial amend-
(a) in subsection (1) of section 2. by the deletion of paragraph (f) meal of
(which contains the definition "Free emigrant");
Asiatic Emigration Ordinance 1915.
(b) by the repeal of section 17;
(c) by the deletion in paragraph 2 of the Form of Emigration (30 of 1915).
Officer's certificate for ships under special licence, contained in
the First Schedule, of the comma and words “, of whom none are to be under any contract of service whatever"; and
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