Hong Kong Ordinances

CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG ORDINANCE - SECT 5

Contracts to be in writing and to contain certain particulars

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 56 of 2000 s. 3 PART II
(Amended 48 of 1985 s. 6)

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)

   (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)