TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 127

5-

As to clause 14

-

the length of the period of notise

is matter for agreement between the parties and cannot

dictated by the Authority.

A

employers right to terminate a contract forthwith

on payment of the appropriate amount of wages in lieu of

notice is well established in law and this right of the

employer is preserved in cluase 14 (a). If the employer

has such a right it is right that the employee should

have a similar right either to give the appropriate notice

or walk out subject to a liability to pay a certain amount

as liquidated damages. This is not clearly expressed and

if the employee walks out and does not pay or tender the

appropriate amount it can

be argued that he is in default.

The only event in which by section 5 (?) (k) the

worker forfeits his right to repatriation is where the

contract is put an end to by his default; sub-paragraph (c)

of clause 14 in

the model contract however goes beyond the

requirement of section 5 (2) (k) in that an employer who has

dismissed the worker summarily for cause shown (1.e, default

still has to pay for his repatriation.

The present contract is too favourable to workers

and they are taking advantage of it. A worker can (with

his tongue in his cheek) enter into such a contract in

Hong Kong, be brought over here at his employer's expense

and then once here he can walk out or give notice; seek

employment elsewhere and so has in fact got himself over

here at someone else's expense and then shed himself of

the contract he entered into.

Negotiation and discussion with the Authorities

with the intention of seeking some modification of in

particular section 5 (2) (k) of the Ordinance and the

ment of a form of contract is the only course open to the

Agency to pursue.

(signed) John Lawrence

January 1967.