CO129-565-13 Recruitment of Chinese labourers for employment abroad 1-8-1937 - 30-3-1938 — Page 32

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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(13)

On the closure of the factory or corporation before the termination of the contract, the employer shall pay the return fare of the labour- er to China and shall also compensate him for any losses suffered.

(14) On the termination of the contract, the

(15)

employer and labourer may enter into a new con- tract in accordance with these regulations. Such contract must be signed by both parties and for- warded to the Consul for China at that place for transmission to the Commission on Overseas Affairs for approval.

The terms of the contræt shall be observed by both the employer and the 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 is 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 Commission on Overseas Affairs 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 govem ing 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 tranmission to the Commission on Overseas Affairs for investiga- tion.

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 Commission on Overseas Affairs for investigation.

In case of any complications arising between the employer and the labourer, the Consul for China at the locality shall be informed and requested to adjudicate.

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