XN000022-1984-07-25 — Page 20

WEDNESDAY, JULY 25, 1984

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LAW PROTECTS WORKERS OVERSEAS *****

THE ACTING COMMISSIONER FOR LABOUR, DR THE HON JAMES HAYES, TODAY URGED WORKERS WHO ARE BEING RECRUITED FOR OVERSEAS WORK TÓ BRING THE IR CONTRACTS TO THE LABOUR DEPARTMENT FOR VETTING AND ATTESTATION.

REPLYING TO QUESTIONS FROM DR THE HON HO KAM-FAI IN THE LEGISLATIVE COUNCIL, DR HAYES SAID WORKERS WHO BRING THEIR CONTRACTS TO THE DEPARTMENT FOR ATTESTATION DO SO IN THE IR OWN INTEREST.

+ IN OUR EXPERIENCE, THIS HAPPENS IN MOST CASES, IN WHICH ANY DISPUTE CAN BE SETTLED BY THE LABOUR DEPARTMENT ACCORDING TO THE TERMS AND CONDITIONS OF THE EMPLOYMENT CONTRACT.+

DR HAYES SAID THAT UNDER THE CONTRACTS FOR OVERSEAS EMPLOYMENT ORDINANCE, MANUAL WORKERS BEING EMPLOYED FOR OVERSEAS WORK SHOULD HAVE THEIR CONTRACTS ATTESTED BY THE COMMISSIONER FOR LABOUR.

+ THE LEGISLATIVE ELEMENT IS PREDOMINANT IN PROTECTING WORKERS OVERSEAS, AND INDEED THE HONG KONG ORDINANCE FOLLOWS THE PROVISIONS OF THREE INTERNATIONAL LABOUR CONVENTIONS ON THIS SUBJECT,+ HE SAID.

+UNDER OUR ORDINANCE, AN OVERSEAS EMPLOYER IS REQUIRED TO ENTER INTO A DETAILED WRITTEN CONTRACT WITH HIS WORKERS ON THE TERMS OF EMPLOYMENT, INCLUDING WAGES, HOURS OF WORK, HOLIDAYS, EMPLOYEES' COMPENSATION IN THE EVENT OF DEATH OR INJURY, ACCOMMODATION AND REPATRIATION.

+TO HAVE MY APPROVAL, THESE TERMS MUST BE COMPARABLE WITH, OR BETTER THAN, THE GENERAL EMPLOYMENT STANDARDS IN HONG KONG, + HE SAID.

THE CONTRACT FURTHER PROVIDES THAT NO VARIATION CAN BE MADE TO IT WITHOUT THE APPROVAL OF THE APPROPRIATE GOVERNMENT AUTHORITY IN THE COUNTRY OF EMPLOYMENT, DR HAYES ADDED.

+WE AIM TO ENSURE THAT WORKERS ARE FULLY AWARE OF THE IR RIGHTS AND OBLIGATIONS UNDER THE IR CONTRACTS.+

DR HAYES SAID THAT IN THE FIVE-YEAR PERIOD 1979-83, 2_742 CONTRACTS WERE ATTESTED BY THE LABOUR DEPARTMENT. OF THESE 1 328 WERE FIRST CONTRACTS AND THE REST RE-ENGAGEMENTS.

DURING THE SAME PERIOD, THE DEPARTMENT ALSO RECEIVED 49 COMPLAINTS ARISING FROM EMPLOYMENT OVERSEAS. OF THESE, 33 WERE SETTLED, 10 WERE WITHDRAWN AND SIX ARE PENDING.

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