【法规名称】
【法规编号】 79979 什么是编号？
【正 文】
第3页 CAP 78 CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG ORDINANCE
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[接上页] Where a contract to which this Ordinance applies- (a) is not in writing in accordance with section 5(1); or (b) has not been presented to the Commissioner for attestation before the departure of the employee from Hong Kong,it shall not be enforceable against the employee and no action shall be maintainable against the employee for breach or non-fulfilment thereof, and, where the omission to make the contract in writing or to present the contract for attestation, as the case may be, is due to wilful omission or neglect on the part of the employer or any person acting on the employer's behalf, the employee may, without prejudice to any right he may have to sue for damages for breach of contract, sue the employer or such person for any expenses reasonably incurred by him in the return of himself and any dependants accompanying him to Hong Kong. (Amended 48 of 1985 ss. 9 & 15; 33 of 1992 s. 7) Cap 78 s 8 Power to require bond or guarantee for due performance of contract The Commissioner may require, as a condition precedent to the attestation of any contract to which this Ordinance applies, that a person approved by him and permanently resident in Hong Kong shall- (Amended 48 of 1985 ss.10 & 15) (a) furnish a bond in such sum and in such form as he may require, with or without sureties; or (b) sign a guarantee in such form as he may require,generally for the performance of the contract by the employer, and, in particular, for performance by the employer of his undertaking respecting repatriation of the employee and his dependants (if any) contained in the contract pursuant to paragraph (k) or (l), as the case may be, and, as regards provision of travel documents, pursuant to paragraph (j), of section 5(2), whether, as regards any such undertaking, the contract is or may be or becomes void or unenforceable for any reason. (Amended 33 of 1992 s. 8) Cap 78 s 9 (Repealed) (Repealed 31 of 1981 s.65) Cap 78 s 10 Medical examination prior to attestation Every employee who enters into a contract to which this Ordinance applies shall, at the expense of the employer or other person acting on the employer's behalf, be medically examined prior to the attestation of the contract as to his fitness to perform the work contemplated by the contract. (Amended 48 of 1985 s. 11; 33 of 1992 s. 9) Cap 78 s 11 Attestation of contracts Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) Before attesting any contract pursuant to section 6, the Commissioner shall satisfy himself that- (a) the employee has freely consented to the contract and that the consent has not been obtained by or as a result of any threat, intimidation, bribery, deceit, undue influence, misrepresentation or mistake; (b) the employee has fully understood the terms of the contract; (c) the contract is in accordance with the requirements of this Ordinance; (d) in relation to the employee, there has been no contravention of any of the provisions of section 51 of the Employment Ordinance (Cap 57); (Amended 38 of 1968 s. 37) (e) the provisions relating to medical examination set out in section 10 have been complied with and the employee is in a fit condition to perform the contract; (f) any bond or guarantee required to be furnished has been furnished in accordance with section 8; (g) the employee has declared himself not bound by a previous engagement; and (h) in respect of a contract to be performed in a place for which the Contracts of Employment (Indigenous Workers) Convention 1939, of the International Labour Organization, is not in force, the employee will be entitled in that place, either in virtue of the law of that place or in virtue of the terms of the contract, to the rights and protection specified in articles 10 to 16 of the aforementioned Convention. (Amended 56 of 2000 s. 3)(2) The Commissioner may refuse to attest any such contract- (a) if he is not satisfied in regard to any of the matters specified in subsection (1); or (b) if he is satisfied that the terms thereof are unfair to the employee or do not adequately protect the employee's interest,and any contract which the Commissioner has refused to attest, being a contract required to be presented to him for attestation pursuant to section 6, shall have no further validity. (Replaced 39 of 1971 s. 5) (3) Where the Commissioner attests any such contract, he shall attest not less than 2 copies in addition to the original and shall- (a) deliver one copy to the employee; and (b) retain one copy in safe custody for a period of not less than 6 years. (Amended 33 of 1992 s. 10) Cap 78 s 12 Capacity to enter into contract Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 A person shall not be capable of entering into a contract to which this Ordinance applies if he is less than either of the following- (a) 18 years of age; or (b) the minimum age of capacity for entering into such a contract allowed by the law of the place in which the contract is to be performed. (Amended 56 of 2000 s. 3) |
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