【法规名称】
【法规编号】 79979 什么是编号？
【正 文】
CAP 78 CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG ORDINANCE
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To control contracts of employment entered into in Hong Kong by employees performing primarily manual work and certain other employees who are proceeding outside Hong Kong for employment. (Amended 48 of 1985 ss. 2 & 15; 33 of 1992 s. 2) [1 November 1965] L.N. 135 of 1965 (Originally 8 of 1965) Cap 78 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Contracts for Employment Outside Hong Kong Ordinance. (Amended 48 of 1985 s.3) Cap 78 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Commissioner" (处长) means the Commissioner for Labour; "dependant" (受养人) means the spouse of an employee, and his or her children, step-children, and lawfully adopted children, who are unmarried and under the age of 16 years; "employee" (雇员) means a person who has entered or is about to enter the employment of another under a contract to which this Ordinance applies. "manual work" (体力劳动工作) includes personal and domestic service; (Amended 48 of 1985 s. 4; 33 of 1992 s. 3) Cap 78 s 3 Delegation by Commissioner The Commissioner may, in writing, delegate to any public officer, either generally or for any particular purpose and either by name or by reference to a public office, such of his powers and functions under this Ordinance, other than the power conferred on him by section 11(2)(b), as he may consider expedient. (Amended 39 of 1971 s.2) Cap 78 s 4 Contracts to which the Ordinance applies (1) Subject to subsection (2), this Ordinance applies to contracts of employment entered into in Hong Kong after the commencement of this Ordinance, by which a person in Hong Kong enters or agrees to enter into the service of another person who is not in Hong Kong and not carrying on a business in Hong Kong where the contract is to be performed, whether wholly or partially, outside Hong Kong. (Amended 48 of 1985 s. 15; 33 of 1992 s. 4) (2) This Ordinance shall not apply in respect of- (a) persons employed for service as members of the crews of ships or aircraft; (b) (Repealed 56 of 2000 s. 3) (c) any person or class of persons migrating for employment whose admission to the place of immigration will be granted on a permanent basis. (Amended 48 of 1985 s. 5; 33 of 1992 s. 4; 56 of 2000 s. 3) (d) any person who does not perform primarily manual work and whose wages exceed an amount set by the Secretary for Economic Development and Labour by notice in the Gazette. (Amended L.N. 106 of 2002) (Amended 33 of 1992 s. 4) Cap 78 s 5 Contracts to be in writing and to contain certain particulars Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 PART II CONTROL OF CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG (1) Every contract to which this Ordinance applies shall be in writing, and, before the departure of the employee from Hong Kong, shall be signed by the employee and by the employer or other person acting on behalf of the employer: (Amended 48 of 1985 ss.7 & 15) (1A) An employee who is unable to sign a contract may indicate his assent by affixing his thumb print in ink. (2) Every contract to which this Ordinance applies shall contain all such particulars as may be necessary to define the rights and obligations of the parties thereto, and shall in all cases include the following- (Amended 48 of 1985 s.7) (a) the name of the employer and where applicable the name of the business or undertaking; (b) the name of the employee and particulars of the place of engagement and the place of origin of the employee and any other particulars necessary for his identification; (c) the name of the place at which the contract is to be performed and particulars of the nature of the employment; (d) particulars of the rates of wages, including rates for overtime work where applicable, and the manner and periodicity of payment; (e) particulars governing the advances of wages, if any, and the manner of repayment of any such advances; (f) except in the case of a contract for employment in domestic service, particulars of the days and hours during which the employee may be called on to work and of his entitlement in respect of rest days, paid holidays and annual leave, the terms of which shall not be less favourable than those laid down in the Employment Ordinance (Cap 57); (g) particulars of the duration of the contract, the grounds of, provision for, and manner of, terminating the contract, provisions for varying the contract and provisions for re-engagement of the employee, including that the employer shall give the employee a minimum of 1 month's notice or wages in lieu of notice to terminate the contract otherwise than by a summary dismissal; (h) a stipulation that the contract shall not be transferred from the employer to any other employer except with the consent of the employee freely given and not obtained by or as a result of any threat, intimidation, bribery, deceit, undue influence, misrepresentation or mistake, and except with the endorsement of the transfer upon the contract by an officer or official of the place in which the contract is performed for the time being responsible for matters pertaining to employment; (Amended 56 of 2000 s. 3) |
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