TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 32

Article 13 of 1.1.0. Convention No. 64:

Contracts of Employment (Indigenous Workers)

Convention. The bias in favour of the worker

is again recognised, [ Take m

shp] that align workers

but the reason for this is

both the Ordinance anot

Y

and the contract applies

^

only to them - are foreigners who are in need

protection in a strange land.

The practical difficulty of making workers

observe the terms of their contracts is a real

one and, in his efforts to secure the

enforcement of contracts, Mr. Burn has approached

many public authorities, both here and in Hong

Kong. Inevitably the gist of their advice has

been that a contract of employment is a matter

between the parties concerned and that in the

circumstances he describes no public authority

has either the duty or the right to enforce

compliance with its provisions. If either

party commits a breach of contract, the remedy,

if any, lies in a civil action in the Courts.

I am sure that if Mr. Burn has consulted his

Solicitors or Employers' Association, he will

have been given similar advice, and that some of

the difficulties that an employer may expect to

encounter in an action against an employee in

the Courts will have been explained to him.

Mr. Burn's problem is essentially one that

is faced by all employers who bring foreign

workers to this country and, as he says in his

letter, other firms in the same business as his

own do not appear to have found difficulty in

accepting the Hong Kong Government's requirements

in

1

・they all have to

nute By this workers.

S

храстови

NOTHING TO BE WRITTEN IN THIS MARGIN