TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 36

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Daily wages or Piece rates

Remittances

Passage and Allowance

Documents

Compensation for injury or Sickness

(e) When the Worker agrees/is required* to work on a normal rest day or on any paid

holiday, he/she* shall be entitled to be paid

times the ordinary rate.

(See Note 8.)

7. (a) If the Employer and Worker so agrees, the Worker may be remunerated by piece-rates or daily wages. Such a proposal must be notified to, and the rates approved by, an official responsible for matters pertaining to employment in the country in which the contract is to be performed

(b) The Employer guarantees that if the Worker is remunerated by piece-rates, his ea shall be not less than the wages stated in Clause 4(a).

(c) When a Worker is remunerated by daily wages and, if on any working day for any reason outside the Worker's control the Employer fails to provide work, and the Worker is ready and willing to work at the place of employment, the Worker shall receive such daily wages as if he had worked for the full period required on that day. If the Worker fails to attend at the work place without a proper excuse, he/she shall not receive wages for the period of his/her* absence.

(d) When a Worker is remunerated either by piece-rates or by daily wages, the Employer undertakes to provide the Worker with work on at least six days per week. If the Employer fails to provide work on any of the working days the Worker shall be paid pro rata the wages specified in Clause 4(a).

8. The Worker, if he/she* so desires, shall be provided by the Employer, free of charge, with facilities for making remittances from his/her* wages to his/her* family.

9.

(a) The Employer shall provide the Worker with free passage and food from Hong Kong to the place at which the Contract is to be performed and on the termination or expiry of the contract free return passage and food from that place to Hong Kong or, at the Worker's request, to his/her* place of origin if such place is nearer to the place at which the contract was performed. The Worker must be prepared in either case to travel by sea or air as the Employer shall direct.

(b) A daily travelling allowance of

per day shall be paid to the Worker from the date of his/her* departure from Hong Kong until the date of his/her* arrival at the place of employment.

(c) Should the Worker be unavoidably delayed in the country of employment after the termination of his/her* employment or expiry of his/her* Contract, he/she* shall continue to receive his/her* wages and the Employer may use his/her* services until the day on which he/she* embarks for Hong Kong. Commencing from the day of embarkation he/she* shall receive a travelling allowance

of

per day for the duration of the return journey, including any delay incurred

in the shipping or air passage through no fault of the Worker. No allowance shall be payable in respect of any period by which the Worker of his/her* own wish extends his/her* stay in the country of employment.

(See Note 9.)

10. All necessary documents shall be provided free of charge by or on behalf of the Employer to the Worker.

11. (a) In the event of any occupational disease or accident arising out of and in the course of the Worker's employment, the Employer shall :

(i) provide the Worker free of charge with all necessary medical attention and mainten-

ance in hospital while he/she* is incapacitated,

(ii) pay compensation in accordance with the law of the country of employment or if, no law on compensation exists, compensation not less favourable than that laid down in the Hong Kong Workmen's Compensation Ordinance Chapter 282, notwithstanding the exception of domestic servants, made by the latter Ordinance.

(b) When the Worker is ill or suffers from an accident not attributable to his/her* employ- ment, the Employer shall provide free medical attention and maintenance in hospital to the Worker

while he/she is incapacitated. Full wage shall be paid for

of incapacity and thereafter half wages shall be paid for

After this period the Employer shall continue to provide free medical attention and maintenance in hospital until the Worker recovers or a medical certificate is obtained as prescribed in Clause 11(c).

(See Note 10.)

(c) In the event of a medical practitioner certifying that in his opinion the Worker is unfit for further service with the Employer, the Employer shall provide free maintenance in hospital or an adequate maintenance allowance prior to embarkation, and free food and return passage for the Worker and his/her* dependants, if any, to Hong Kong or, at the Worker's request, to his/her* place of origin if such place is nearer to the place at which the contract was performed.

* Delete whichever is inapplicable.