Then angement's And a fitte
af vangady agamit
Im
route which
&
મ
worker to parta preagention of the pe tim Lamage The contrast.
frematurely
nevo tletoff
The renticed in provider for this habelady to be to anopfened
E
a has new employer if the worker freely consents a re
T
terminated his contraet early.
07.
a regenrent a Hke lave band and cle at 13 mx. Fto 64 continety at termination before we pas disquentat pent Employment (Euching eware Worker
Again, the bias in favour of the worker
is recognised but the reason for this is that alien workers
-
and the
provision applies only to them are not permitted to stay in this country
Jonger than their work permit allows they are foreigners who are in
need of protection in a strange land and they cannot be allowed to become
a burden on the country's resources. It is wortà noting that Work
permits will not be granted unless the employer guarantees the worker's
ca further
repatriation and one of the reason for this is that during his period of
employment the worker can seldom earn sufficient to pay for these expenses
himself
The Hong Kong Government therefore places the responsibility
A fund...
brings
#
therefore
I
employer com
on the employer who brought them to the country in the first place and part of this auspice from The employee
from The employee who prematurali, terminate hist the latter is surely aware of this provision when he signs the contract.
8. 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 this
in his so efforts to secure the
matter.
78.
and
LA
he
^
Inability to make workers observe the terms of contracts is a problem and
On the question of the enforcement of contracts, Mr. Burn has The
practical difficulty of making worlchi doc.coe the terms of the contact approached many public authorities, both here and in Hong Kong. Inevitably
a reat Que
we efforts to ccense are enforcement the gist of their advice has been that a contract of employment is a
matter between the parties concerned and that, in the circumstances
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 of employment, 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
they will have explained to him some of the difficulties that an employer
may expect to encounter in an action against an employee in the courts.
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