TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 29

guidance of employers and employees alike.

This in itself is not a document prescribed by

It does no more than suggest a form

statute.

of contract which would meet with the approval

of the Commissioner of Labour for purposes of

attestation. To this end it includes a

suggested form of words for clauses dealing with

matters whose inclusion the Commissioner of

Labour is bound by statute to insist upon;

details

other elauses are optional.

Even much of what

is inserted in the mandatory clauses (e.g. wage

rates, overtime pay, hours of work, holidays,

advances, etc.) is negotiable;

but the scope

for variation of the mandatory clauses is limited

since they must conform with the requirements

of Section 5(2) of the Hong Kong Ordinance

concerned (Contracts for Overseas Employment

Ordinance). All this has been explained to

Mr. Burn by his legal adviser.

I now turn to the employer's liability to

pay the alien worker's passage to this country. VE

The model contract contains a clause which makes

provision for the termination of the contract

by a worker, without commitment to repay any

part of the expenses incurred by the employer

in regard to his passage to the United Kingdom.

In requiring the inclusion in the contract of

provision along these lines, Hong Kong Gove.nment legislation follows the 1.1.0.

Convention covering this very matter (see

Article 20 of 1,

Convention No. 50 -

rkers"). It is

"Recruiting of Indigenous Workers"

not, I think you will agree, unreasonable to

The Ordinance (Socin 5(x)))) requires this and

fifurly fixes the obligation to pay ролгека вие решая to and from thûs country on thie employer of alien workers.

NOTHING TO BE WRITTEN IN THIS MARGIN

delete Whole senliance.

/ expect

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