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SUPPLEMENT TO THE WESTERN SAMOA GAZETTE.
expiry of such term with the departure of a transport for China.
sioner not bound unti2
8. Neither the labourer nor the Commissioner shall be bound Labourer and CommisTM by these terms until the labourer shall have been certified after labourer certified medi examination by a medical officer of the Administration to be fit for a cally fit further term of service in Samoa.
PART II. Terms defining the Relation of the Labourer
with the Employer.
SUPPLEMENT TO THE WESTERN SAMOA GAZETTE.
ment and service during
Wages to be paid monthly
sioner
9. The employer will continuously employ the labourer and Continuous employ- the labourer will continuously and faithfully and to the best of his appointment of ability serve the employer as a plantation labourer or domestic labourer by Commis- servant or otherwise as may be decided by the Commissioner for so long as the labourer shall be appointed to the employer by the Commissioner.
and outdoor work
10. The labourer will perform any indoor or outdoor work Labourer to do indoor required by the employer and which the 'abourer is capable of doing.
11. The working hours shall be nine and a half or, upon any Working hours day during which the shade temperature reaches 100° F., nine hours per day, and the rate of wages shall be 3s (or such other wage as may have been agreed on between the Commissioner and the labourer when the labourer accepted the Free Labour Conditions) for every whole day of the full number of working hours. Time reasonably occupied in reaching place of employment (but not time occupied in returning therefrom) is deemed to be time occupied in work.
No wages when no
12. No wages shall be payable for a day on which from any No wages cause whatever no work is done and a proportionate part only of the daily wage shall be paid for a day on which the labourer works only
a part of the full working hours. If the labourer, at the employer's Provision for part time request, works beyond the full number of working hours, he shall be and overtime entitled to overtime pay at the rate of time and a half (calculated from the rate of wages and the number of working hours per day) for the extra hours.
ployer 7 days" notice
13. If the labourer intends to absent himself for purposes of Labourer to give em- his own from the place of his employment for more than one work of intention to absent ing day or intends to apply to the Commissioner to be appointed to himself from work another employer, he shall give to the employer at least seven clear day's notice of such his intention and shall in giving such notice state the day on which he proposes to be absent or to make such application, as the case may be, and shall in either case state the proposed period of absence and the place where he may be found during such absence, and obtain the approval of the employer to the day on which he proposes to be absent. The labourer shall not be Labourer not to absent entitled to absent himself for his own purposes from his place of one day without con- employment for more than one working day in any one month seat of Employer or without the consent of the employer or of the Commissioner.
himself for more than
Commissioner
14. The employer will, whenever the nature of the work Piece work permits, employ the labourer in daily piece work and in such case the labourer shall be entitled to a whole day's wage for each daily piece
Work on Sundays aud Holidays
Purchase of rice by Jabourer
Medicine and bandages to be provided by employer
Hospital Fees &c.
Lodgings
Time for labourer to be in at night
Permanent incapacity compensation
Labourer dying in
Sainoa
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work completed, notwithstanding that he shall not have worked for the full number of working hours, and shall be free to work The for himself after the completion of his daily piece work. extent of the daily piece work shall be such as may be agreed ou between the employer and the labourer or as shall be decided by the Commissioner in default of agreement. For an incomplete piece work a part of a whole day's wage proportionate to the completed part of the piece work shall be paid.
15. Wages shall be paid monthly and as nearly as possible at the end of each month,
16. The labourer shall not in a usual case be required to work on a Sunday or on any of the ten Chinese holidays to be appointed by the Administrator but may do so if he so desires, and the employer agrees, and shall be entitled to wages at the usual rate if he does so. The employer may, however, require the labourer to work on a Sunday or a holiday if he is attending cattle or if in the opinion of the employer there is other urgent necessity, and in such case the labourer shall receive pay at overtime rates.
17. The employer will arrange for the labourer to be able to purchase not more than 50 pounds per month of rice of a quality approved by the Chief Medical Officer, at a cost not exceeding 3d per pound and not more than 15 pounds of meat per month at a cost not exceeding 6d per pound.
18. The employer will provide necessary medicine and baud- ages at the place of employment for first aid and minor ailments, and will, if the labourer is obliged to enter the hospital, pay the hospital fees, and maintain the labourer while he is in hospital. If the labourer is certified by a medical officer to be chronically unfit for work, or is permanently incapacitated while actually engaged in work for his employer, the employer will maintain the labourer until he can be repatriated and will then repatriate the labourer.
19. The employer will provide wind and weather proof lodging for the labourer and will where practicable, provide for him a garden plot.
20. If the labourer leaves his place of employment he shall return by 9 p.m., and all lights shall be out by 9.30 p.m. unless otherwise authorised by his employer.
21. In the event of the labourer being permanently incapacit- ed or fatally injured, the employer will pay to the labourer or the Consul for China the sum of thirty pounds as compensation for the labourer or his relations as the case may be, if such permanent incapacity or fatal injury arises out of or is directly attributable to the employment.
22. If the labourer shall die in Samoa the employer will have the deceased properly enshrouded, encoffined and interred.
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