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[接上页] (i) particulars of the measures to be taken to provide for the welfare of the employee and any dependants who may accompany him under the terms of the contract, including particulars as to medical treatment, compensation in the event of the death of or injury to, or incapacity due to occupational disease of, the employee arising out of and in the course of the employment, and the provision of food and quarters; (ia) in addition to the particulars required under paragraph (i), the contract shall provide that where the employee suffers personal injury by accident or occupational disease arising out of or in the course of employment, the employer shall defray the expenses necessarily incurred by the employee on account of medical treatment, including maintenance in hospital, during the employee's incapacity, pay or arrange with the appropriate authority for payment of compensation in accordance with the law of the place of employment or, if no law on compensation exists, the employer shall pay compensation not less favourable than that laid down in the Employees' Compensation Ordinance (Cap 282) and be responsible for all expenses incurred whenever the employee is required to undergo a medical assessment for the purpose of employees' compensation and that where the employee is ill or suffers from an accident not attributable to his employment, the employer shall provide free medical attention and maintenance in hospital to the employee while he is incapacitated. In the event of illness or incapacity not attributable to the employee's employment, the employer shall pay the employee, as a minimum, full wages for the first month of incapacity and half wages for at least 3 months thereafter; (Added 33 of 1992 s. 5. Amended 56 of 2000 s. 3) (j) particulars relating to the passage of the employee and his dependants to and from the place at which the contract is to be performed and an undertaking that the passage of the employee and his dependants to the place at which the contract is to be performed and all necessary documents, including travel and employment permits, for the employee and his dependants shall be provided by or on behalf of the employer free of charge to the employee and his dependants; (k) an undertaking that, upon the termination of contract, the employee, if he so requests the employer within 3 months after such termination, shall be repatriated at the employer's expense (which shall include travelling and subsistence expenses during the journey and subsistence expenses during the period, if any, between the date of such termination and the date of repatriation other than a period during which repatriation has been delayed by the employee's own choice or for reasons of force majeure) to his place of engagement or, at the employee's request, to his place of origin if such place is nearer to the place at which the contract was performed, together with his dependants (if any) who were brought to the place at which the contract was performed by or on behalf of the employer; (Amended 48 of 1985 s.7) (l) an undertaking that in the event of the death of the employee his dependants (if any) who were brought to the place at which the contract was being performed by or on behalf of the employer shall, if they so request within 3 months after the death of the employee, be repatriated at the employer's expense (which shall include travelling and subsistence expenses referred to in paragraph (k)) to the employee's place of engagement or, at their request, to the employee's place of origin if such place is nearer to the place at which the contract was being performed; (m) a stipulation that the employer shall provide free of charge facilities for the employee to make remittances to his family or dependants in Hong Kong; (Amended 48 of 1985 s.15) (n) an undertaking that, on the expiry of the contract, the employee will not be required to begin the employment stipulated in any re-engagement contract if- (i) on the expiry of the contract, he has been separated from all his dependants for more than 18 months; or (ii) the period served under such contract together with the duration stipulated in the re-engagement contract will involve the separation of the employee from all his dependants for more than 18 months,until he has had the opportunity of returning, at the employer's expense, to the place stipulated in the contract as his home, being the place at which his dependants or the majority of his dependants are at the date when he entered into the contract or such other place as the Commissioner in the special circumstances of the case may approve; (o) any other special conditions of the contract. (Amended 33 of 1992 s. 5) Cap 78 s 6 Presentation of contract for attestation Every contract to which this Ordinance applies shall be presented to the Commissioner for attestation before the departure of the employee from Hong Kong. (Amended 48 of 1985 ss. 8 & 15; 33 of 1992 s. 6) Cap 78 s 7 Effect of non-compliance with section 5 or 6 |