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LXXXIV.
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144.
(15)
labourer may enter into a new contract in accordance with these regulations. Such contract must be signed by both parties and forwarded to the Consul for China at that place for transmission to the Overseas Affairs Committee for approval.
The terms of the contract shall be observed by both the employer and labourer.
Where a subsistence allowance is given by the employer to the family of the labourer prior to the latter's departure abroad, the amount should be mentioned in the contract but shall not be deducted from the labourer's wages. Distribution of such allowance to the family of the labourer shall be made by the recruiting agent under the supervision of officials appointed by the Overseas Affairs Bureau or by the local authorities.
Mention shall be made in the contract of what fixed percentage of the labourer's monthly wage is to be remitted to his family through a bank or reliable firm in China appointed by the labourer, and the employer shall make a report in respect of such remittances and forward it to the Consul for China at that locality for transmission to the Overseas Affairs Committee for verification.
Labourers, prior to departure abroad, shall be subjected to a physical examination to be conducted by the Overseas Affairs Bureau or local authorities jointly with the employer. Those who do not possess the qualifications laid down in Article 3 of the Ordinance govering the Emigration of Labourers shall be rejected, and those who have been passed as fit and shipped abroad cannot be sent back as unfit on the journey by the employer.
The employer shall immediately register the death, through illness or accident, or the departure for another place for any reason, of a labourer, and a report shall be made accordingly and sent to the Consul for China at the locality for transmission to the Overseas Affairs Committee for investigation.
After the arrival at the place of work, the employer shall draw up a list of the names of labourers and forward it to the Consul for China at the locality for transmission to the Overseas Affairs Committee for investigation.
In case of any complications arising between the employer and labourer, the Consul for China at the locality shall be informed and requested to adjudicate.
The Overseas Affairs Committee or the Consul for China at the locality may in case of necessity, appoint Inspectors to visit the place of work, and the employer shall receive them and answer explicitly any questions put to him by the Inspectors.
Treatment accorded to emigrant labourers by the employer shall, in accordance with international labour rules, be the same as that enjoyed by natives of the locality.
Provided that these Principles are not contravened, then a labour contract may be amended after execution by the parties subject to the approval of the Overseas Affairs Committee.
These Principles have been drawn up by the Overseas Affairs Committee and shall come into force when they have been approved by the Executive Yuan.
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