TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 37

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(d) Provided that in any country where medical attention, hospitalisation, cash payments in the event of accident or occupational disease arising out of and in the course of employment are provided under a scheme of state insurance or otherwise free of charge, the employer shall not be so liable; and provided further that in any country where free medical attention and hospitalisation are available to a worker when ill or suffering from an accident not attributable to employment or payment of cash benefits to workers who are incapacitated by illness are provided by the state or by a system of national insurance, the employer shall not be liable except insofar as the benefits paid may be less than e amounts set out in paragraph (b) of this clause.

12. The

shall be responsible for providing working clothing.

Clothing

(See Note 11.)

Food and Quarters

13. The Employer shall provide the Worker with free furnished accommodation with light and water supply, while the provision of food will be the responsibility of

(See Note 12.)

14. (a) In the event of the Employer wishing to terminate this Contract, he/she* shall give three month's notice or three months wages in lieu thereof, and shall provide free food and passage for the Worker to Hong Kong or at the Worker's request to his/her* place of origin if such place is nearer to his/her* place of employment. Such free passage shall be provided within 3 months of the date of termination, or expiry and shall be supplemented by the travelling allowance stated in Clause 9(c).

(b) In the event of the Worker wishing to terminate this Contract he/she* shall give three month's notice or forfeit three months wages in lieu thereof to the Employer. In this event he/she* shall be entitled to receive from the Employer a sum equivalent to a proportion of his/her* return passage and food, being that proportion which the period worked bears to the minimum period of the contract stated in Clause 1. In those circumstances the Worker shall not be entitled to the allowance stated in Clause 9(c).

(c) The Employer reserves the right to dismiss summarily the Worker for cause shown. In such case the Worker shall retain the right to be repatriated within 3 months at the Employer's expense but wages shall cease as from the day of dismissal. Should the Worker be dismissed under this sub-clause, the Employer shall immediately inform an official responsible for matters pertaining to employment in the country in which the contract is performed.

15. This Contract shall not be transferred from the Employer to any other employer except with the consent of the Worker freely given and not obtained by or as a result of a threat, intimida- tion, bribery, deceit, undue influence, misrepresentation or mistake, and except with the endorsement of the transfer upon the contract by an official responsible for matters pertaining to employment in the country in which the contract is performed.

16. (a) Should the Employer and the Worker wish to extend the period of employment after the expiry of this Contract, they may do so by entering into a re-engagement contract provided the Worker has had the opportunity of returning at the Employer's expense to his/her* place of engage- ment or place of origin (if the latter is nearer).

(b) The re-engagement contract shall require attestation by the Commissioner of Labour, Hong Kong. Before attesting any re-engagement contract the Commissioner of Labour shall be satisfied that :-

(i) the Worker has had the opportunity of being repatriated;

(ii) the Worker's family is agreeable to it;

(iii) the country of employment has no objection to the re-engagement.

17. Any variation or addition to the terms of this contract during its duration shall be made only with the consent of the Commissioner of Labour, Hong Kong, or of the Hong Kong Chinese Liaison Officer in London, to whom the Commissioner of Labour, Hong Kong, has expressly delegated in writing such powers.

18. (a) The Worker during the performance of this Contract shall be subject to the law of the country of employment.

(b) Where the law of the country of employment provides more favourable benefits to the Worker than those specified in this Contract, the Worker shall be entitled to such benefits as are enjoyed by the workers in comparable employment in that country.

19. (a) This Contract shall be signed in Hong Kong and shall be presented to the Commissioner of Labour for attestation before the departure of the Worker from Hong Kong. Prior to such attestation the Worker shall, at the expense of the Employer, have been medically examined as to his/her* fitness to perform the work contemplated by the Contract and the medical certificate to this effect shall be produced to the Commissioner of Labour, Hong Kong, for inspection.

(b) If this contract has not been attested by the Commissioner of Labour, Hong Kong, it shall not be enforceable in accordance with section 7 of the Contracts for Overseas Employment Ordinance against the worker and no action shall be maintainable against the worker for breach or non-fulfilment thereof.

Termination

Transfer

Re-engagement

Variation

Law of Country

of Employment

Signing of the Contract and Medical Examination

* Delete whichever is inapplicable,

(See Note 13.)