1912_EMPLOYERS_AND_SERVANTS_ORDINANCE__1902 — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

EMPLOYERS AND SERVANTS.

No. 45 of 1902.

1469

complained against to pay a fine not exceeding 50 dollars, and may order that the whole or any part of such fine be paid by way of compensation to the party complaining.

17. On any complaint by a party to a written contract of service that the other party neglects or omits to fulfil the contract, or omits or refuses to enter on or commence service, or absents himself from service, the Magistrate may, in addition to any other penalty authorised by this Ordinance, order the party complained against to fulfil the contract, and may, if he thinks fit, order such party to find security for the fulfilment of such contract, and in default of such security to pay a fine not exceeding 50 dollars.

18. Every servant, whether in combination with others or not, who wilfully breaks a contract of service under this Ordinance knowing or having reasonable cause to believe that the probable consequences of so doing will be to cause the stoppage of work in any factory, field or place in such a manner as may be attended with serious loss to the owner of the factory, field or place, or inconvenience to the public, shall, on summary conviction, be liable to a fine not exceeding 100 dollars.

19. The wages of a servant shall, in the absence of agreement to the contrary, be payable monthly.

20. No wages shall be payable to any servant for any period of his term of service during which he has undergone sentence of imprisonment.

21. If any servant under a written contract of service shall, during the continuance of such contract, have been sentenced to imprisonment, or shall have been convicted for having absented himself without leave, such period of imprisonment or absence shall be endorsed on the contract by the Magistrate by whom such servant may be sentenced to imprisonment or before whom such servant shall be proved to have been absent without leave, and the period of such imprisonment or absence shall not be deemed to be a part of the service of such servant, and he shall be compellable, if his employer so requires, to serve for the full period for which he contracted.

* As amended by No. 1 of 1912.

* As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912.

* As amended by No. 2 of 1912.

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EMPLOYERS AND SERVANTS. No. 45 of 1902. 1469 complained against to pay a fine not exceeding 50 dollars, and may order that the whole or any part of such fine be paid by way of compensation to the party complaining. 17. On any complaint by a party to a written contract of service that the other party neglects or omits to fulfil the contract, or omits or refuses to enter on or commence service, or absents himself from service, the Magistrate may, in addition to any other penalty authorised by this Ordinance, order the party complained against to fulfil the contract, and may, if he thinks fit, order such party to find security for the fulfilment of such contract, and in default of such security to pay a fine not exceeding 50 dollars. 18. Every servant, whether in combination with others or not, who wilfully breaks a contract of service under this Ordinance knowing or having reasonable cause to believe that the probable consequences of so doing will be to cause the stoppage of work in any factory, field or place in such a manner as may be attended with serious loss to the owner of the factory, field or place, or inconvenience to the public, shall, on summary conviction, be liable to a fine not exceeding 100 dollars. 19. The wages of a servant shall, in the absence of agreement to the contrary, be payable monthly. 20. No wages shall be payable to any servant for any period of his term of service during which he has undergone sentence of imprisonment. 21. If any servant under a written contract of service shall, during the continuance of such contract, have been sentenced to imprisonment, or shall have been convicted for having absented himself without leave, such period of imprisonment or absence shall be endorsed on the contract by the Magistrate by whom such servant may be sentenced to imprisonment or before whom such servant shall be proved to have been absent without leave, and the period of such imprisonment or absence shall not be deemed to be a part of the service of such servant, and he shall be compellable, if his employer so requires, to serve for the full period for which he contracted. * As amended by No. 1 of 1912. * As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912. * As amended by No. 2 of 1912.
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+ EMPLOYERS AND SERVANTS. No. 45 of 1902. 1469 complained against to pay a fine not exceeding 50 dollars, and may order that the whole or any part of such fine be paid by way of compensation to the party complaining. to order 17. On any complaint by a party to a written contract of service Power of that the other party neglects or omits to fulfil the contract, or omits Magistrate or refuses to enter on or commence service, or absents himself from security for service, the Magistrate may, in addition to any other penalty fulfilment of authorised by this Ordinance, order the party complained against to contract. fulfil the contract, and may, if he thinks fit, order such party to find security for the fulfilment of such contract, and in default of such security to pay a fine not exceeding 50 dollars. written * Magistrate to punish for wilful breach of contract 18. Every servant, whether in combination with others or not, Powerto who wilfully breaks a contract of service under this Ordinance know- ing or having reasonable cause to believe that the probable conse- quences of so doing will be to cause the stoppage of work in any causing or factory, field or place in such a manner as may be attended with likely to serious loss to the owner of the factory, field or place, or serious loss. inconvenience to the public, shall, on summary conviction, be liable to a fine not exceeding 100 dollars. cause serions 19. The wages of a servant shall, in the absence of agreement to Wages the contrary, be payable monthly. t payable monthly. of wages. 20. No wages shall be payable to any servant for any period of Forfeiture his term of service during which he has undergone sentence of imprisonment. . 21. If any servant under a written contract of service shall, during the continuance of such contract, have been sentenced to imprisonment, or shall have been convicted for having absented himself without leave, such period of imprisonment or absence shall be endorsed on the contract by the Magistrate by whom such ser- vant may be sentenced to imprisonment or before whom such servant shall be proved to have been absent without leave, and the period of such imprisonment or absence shall not be deemed to be a part of the service of such servant, and he shall be compellable, if his employer so requires, to serve for the full period for which he * As amended by No. 1 of 1912. As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912. As amended by No. 2 of 1912. Absence while in prison or without deemed part leave not of period of service under written § contract. !
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EMPLOYERS AND SERVANTS.

No. 45 of 1902.

1469

complained against to pay a fine not exceeding 50 dollars, and may order that the whole or any part of such fine be paid by way of compensation to the party complaining.

to order

17. On any complaint by a party to a written contract of service Power of that the other party neglects or omits to fulfil the contract, or omits Magistrate or refuses to enter on or commence service, or absents himself from security for service, the Magistrate may, in addition to any other penalty fulfilment of authorised by this Ordinance, order the party complained against to contract. fulfil the contract, and may, if he thinks fit, order such party to

find security for the fulfilment of such contract, and in default of

such security to pay a fine not exceeding 50 dollars.

written

*

Magistrate to punish for

wilful breach

of contract

18. Every servant, whether in combination with others or not, Powerto who wilfully breaks a contract of service under this Ordinance know- ing or having reasonable cause to believe that the probable conse- quences of so doing will be to cause the stoppage of work in any causing or factory, field or place in such a manner as may be attended with likely to serious loss to the owner of the factory, field or place, or serious loss. inconvenience to the public, shall, on summary conviction, be liable to a fine not exceeding 100 dollars.

cause serions

19. The wages of a servant shall, in the absence of agreement to Wages the contrary, be payable monthly.

t

payable monthly.

of wages.

20. No wages shall be payable to any servant for any period of Forfeiture his term of service during which he has undergone sentence of imprisonment.

.

21. If any servant under a written contract of service shall, during the continuance of such contract, have been sentenced to imprisonment, or shall have been convicted for having absented himself without leave, such period of imprisonment or absence shall be endorsed on the contract by the Magistrate by whom such ser- vant may be sentenced to imprisonment or before whom such servant shall be proved to have been absent without leave, and the period of such imprisonment or absence shall not be deemed to be a part of the service of such servant, and he shall be compellable, if his employer so requires, to serve for the full period for which he

* As amended by No. 1 of 1912.

As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912. As amended by No. 2 of 1912.

Absence while in

prison or without deemed part

leave not

of period of service under

written

§

contract.

!

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