TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 11

Dd. 32855 Ed (4200)

NOTHING TO BE WRITTEN IN THIS MARGIN

The Hong Kong Government do not deny that

their requirement is unfavourable to an employer

in circumstances where an unscrupulous worker

walks out on his contract after having obtained

a passage to the United Kingdom at his

employer's expense. There are, however,

legitimate circumstances in which a worker

might reasonably wish to terminate a contract

which he has signed without full knowledge of

working conditions in this country. The Hong

Kong Government have gone some way towards

making it more difficult for the unscrupulous

worker to terminate employment, by extending

the period of notice recommended in their model

contract, from one month to three months, and

there is, of course, nothing to prevent the

employer and the worker freely negotiating a

longer period. The Hong Kong Government have

not, however, been able to devise a suitable

alternative provision which would safeguard the

employer against abuses and, at the same time,

protect the interests of Chinese workers

proceeding abroad for employment.

latter objective which is, of course, the

essential purpose of the legislation.

It is this

The second aspect of the passages problem

is the employer's liability to bear the

repatriation expenses of the alien worker whom

he has brought to this country. This again is

a requirement of Hong Kong law, based on

Article 13 of I.L.0. Convention No. 64:

/Contracts