EMPLOYERS AND SERVANTS ORDINANCE, 1902

EMPLOYERS AND SERVANTS ORDINANCE, 1902

No.45 of 1902

An Ordinance to amend the law relating to employers and servants

[17th December,1902]

1. This Ordinance may be cited as the Employers and
Servants Ordinance, 1902

2. In this Ordinance,

(a) Contract of service means any contract, whether in
writing or verbal, to work personally for any period of time.

(b) Employer includes any person, firm, corporation or
company who, or which, enters into any contact of service
with any servant as next hereinafter defined, and the agent
of every such person, firm, corporation or company.

(c) Servant includes every person above the age of
sixteen years being a mechanic, artificer or other handicrafts-
man, engine-dirver or fireman, boatman, any person engaged
for service on board any lunch, motor boat, cargo boat,
fishing junk, or trading junk, messenger, life attendant,
godown-keeper, tallyman, watchman, labourer, servant in
husbandry or manufacture, coachmau, groom or other stable
servant, gardener or other garden servant, bearer of private
chair, puller or propeller of private jinrikisha, water carrier,
dometic menial or other house servant whether ordinarily
employed in or out of doors, who enters into a contract of
service with an employer.






3. Any person over the age of sixteen years may enter
into a contract of service umder this Ordinance.

4. In the absence of any agreement in writing to the
contrary, every contract of service (except in the case of hire
by the day, job, or journey) shall be deemed to be a contract
for one month renewable from month to month, and every
such contract shall be deemed to be so renewed unless such
contract shall be determined in the manner prescribed in
section 5.

Eyery servant under such contract shall., in addition to
any service which. he may have seecially contracted to
perform, be deemed to have contracted to perforra all such
additional light duties as lie may reasonably be called upon
by his, employer to perform.

5. Every stich contract may be determined---

(1) by either party theretoto the other nolice, 10
determine such contract at the termitiation of one calendar
month from the date of such notied; or
(2) at any time witliont notice by the employer paying to
the servant in lieu of sitch. notice the, wages, if any, dlie to
him for the time he has served and a further sum of money
equal to one month's wages from the elate of the (Jeterinina-
tion of such contract.

6. A contract of service for more than one month shall. fic
in writing and shall be executed in the manner hereinafter
prescribed.

7. Every such contracl shall be executed in duplicate in
the presence of a magistrate, or in the case of any sailor,
boatman, or other person engaged for service on any cargo


boat or fishing or trading junk before the Etiropean police
officer in charge of the police station of the distriel, in which
such. contract is made, who shall before the execidion thereof
explain to the servant the nature of- such contract, and upon
the execution thereof shall indorse thereon his certificate
that such contract has been duly explained by him to such
servant, and thereafter shall. deliver such duplicate to such
servant.

As amended by Law Rev. Ord,, 1924.





8. NDsuch contract shall be effective for a longer period
than five years if made beyond the Colony, nor shall be for
a longer period than three years if made within the Colony.

9. Any person beyond the Colony desiring to enter into
d contract to serve within the Colonymay do so in writing in
the presence of two witnesses who Shall certify as such
witnesses that the contract was, before, the execation thereof,
duly explained to the party or parties executing the same.

10. Every such contract shall clearly express therein the
time for which it is to endure, the wages to be paid, the
nature of the service to be performed, the sum of money
(if any) to be chargeable against and deducted froin the
wages, and that the employer is bound to provide regular
work at stipulated wages for the servant.

11. Any magistrate, upon proof that such contract has
been duly executed, inay, if so desired by the parties thereto,
indorse such contract as acknowledged before him and
thereupon such contract shall be as valid and binding within
the Colony as a contract of service in writing excuted
within the Colony.

12. Every question between the parties to any contract of.
servicerespecting wages or alleged disobedience of lawful
orders, negligence, carelessness, injury to property, insolence,
abusive or insulting language, or other alleged misconduct
in the course of service under such contract; and every
question respecting any alleged refusal or neglect to enter
upon. or commence service under any such contract, or
respectin, alleged unlawful absence from service under any
such contract, or other alleged failure to fulfil the terms
thereof; and every question respecting any alleged wrongful
determination of any such contract shall. be heard and deter-
mined by a magistrate in a summary manner in accordance
with the law regulating procedure before magistrates.

13. If it be rnade to appear to a magistrate that there Is
good ground. for believing that auy party against whom a
complaint has been made under this Ordinance, has absconded
or is about about to abscond, such magistrate inay issue a warrant
to apprehend such party and detain him in custody until the
hearing of such complaint, -unless such party shall give
security to the satisfaction of such magistrate for his appear-
ance to anSwer such complaint.





14. On the hearing of any complaint for the recovery of
wages the magistrate may order that the: whole orany part
of any wages claimed be withheld, or that the whole or any
part of any wages, with such an amount -not exceeding ten
days wages in addition as may seem just, shall be paid by
way of compensation to the servant for unpaid wages.

15. On the hearing, of any complaint for wrongful deter-
mination of any contract of service the magistrate may order
any wages due on the contract to -be paid or withheld either
wholly or in part and may, if he sees fit, erder the party in
default to pay to the other party any sum not exceedin.. one
month's wages by way of compensation for the wrongful
determination of the contract.

16. On the hearing of any complaint for refusal to enter
iipon or commence service under any contract of service or
for unlawful absence from service or for disobedience to
lawful orders, negligence, carelessness, injury to property,
insolence, abusive or insulting languages or other misconduct

the magistrate may order the party complained against to
pay a fine not exceeding fifty dollars, and may order that the
whole or any part of stich fine be paid ly way of
tion to the party complaining.

17. On any complaint by a party to a -written contract of
service that the other *party iieglects ex omits to fulfil the
contract, or omits or refuses to on or comniences service,
or absents himself from serv-ica, the aiagistrate inay, in
addition to any other penalty mithorisel 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 exceeling fifty dollars.

18. Every servant, whether in combination with others or
not,,,who wilfully breaks a ecritract od 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 serioius loss to the owner
of the factory, field or place, or serious inconveniece to the
public, shall upon summary conviction be liable to a fine not
exceeding one hundred dollars.





19. The wages of a servant shall, in the absence of agree-
raent 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 im-
prisonment or absence shall be indorsed oil the contract by
the inagistrate,by whoni such servant may be sentenced to
..imprisonment or be ' fore 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 had contracted to serve, and lie shall for such
extended period continue to be under the provisions of this
Ordinance.

22. On the hearing of any complaint under this Ordinance
the parties to the contract of service and their husbands and
,wives shall be competent as witnesses.

23. Every contract of.service in force at the coming into
operation o f this Ordinance shall be subject to the provisions
thereof and the parties thereto shall be entitled to the benefit
of such provisions.

24. Nothing in this Ordinance shall be construed to
deprive an employer of his right to dismiss a servant sum-
marily for cause, nor to deprive an employer or a servant of
his civil remedy for the, breach ol. noll-performance of any
contract of service in ally case where proceedings for such
breach non-performance are not instituted by him under
this Ordinance.

25. Nothing in this Ordinance shall prevent the applica-
tion of the criminal law to the parties to a contract of service,
.provided that no person be punished twice for the same
offence; and any prosecution commenced under this Ordi-
nance may be withdrawn before judgment and a fresh
prosecution be instituted under the criminal law applicable
to the circumstances.
26. Nothing in this Ordinance contained shall be deemed
to affect in any way. the provisions of the Merchant Shipping
Act, 1894, or the Merchant Shipping Ordinance, 1899, with
reference to the engagement of seamen and to agreements
therewith inade by masters of ships.
Is. 27, transferred to s. ]_ by No. 8'of 1912.1
[Sched. rep. No. 1 of 1912.]
[originally no. 45 of 1902. Law rev. ord, 1924.] Short title . Interpretation . person over sixteen may contract. Contrac t of verbal to be monthly unless within exceptions. Determination of monthly contract. Contract for more than one month to be in writing . To be executed in duplicate; servant entitled to duplicate. limitation of duration fo contract. Contract made beyond colony for execution within . What conditions shall be stated therein . Indorsement of contract by magistrate. Questions between parties to be determined by magistrate in a summary manner . [cf. No. 3 of 1890.] magistrate may issue warrant to arrest absconding party to contract . power of magistrate over wages . Powers of magistrate in cases of wrongful determination of contract . Power of magistrate to fine . Power of magistrate to order security for fulfilment of written contract. Power to magistrate to punish for punish for wilful breach of contract causing or likely to cause serious less. wages payable monthly . Forfeiture of wages . Absence while in prison or without leave not deemed part of period of service under written contract . Parties , their hushands and wives competent as witnesses. Existing contracts. Saving of civil remedy in cases of breach or non-performance of contract. saving of criminal proceedings in certain cases . saving of merchant shipping laws . 57 &58 vict. S.60. Ordinance no. 10 of 1899.

[originally no. 45 of 1902. Law rev. ord, 1924.] Short title . Interpretation . person over sixteen may contract. Contrac t of verbal to be monthly unless within exceptions. Determination of monthly contract. Contract for more than one month to be in writing . To be executed in duplicate; servant entitled to duplicate. limitation of duration fo contract. Contract made beyond colony for execution within . What conditions shall be stated therein . Indorsement of contract by magistrate. Questions between parties to be determined by magistrate in a summary manner . [cf. No. 3 of 1890.] magistrate may issue warrant to arrest absconding party to contract . power of magistrate over wages . Powers of magistrate in cases of wrongful determination of contract . Power of magistrate to fine . Power of magistrate to order security for fulfilment of written contract. Power to magistrate to punish for punish for wilful breach of contract causing or likely to cause serious less. wages payable monthly . Forfeiture of wages . Absence while in prison or without leave not deemed part of period of service under written contract . Parties , their hushands and wives competent as witnesses. Existing contracts. Saving of civil remedy in cases of breach or non-performance of contract. saving of criminal proceedings in certain cases . saving of merchant shipping laws . 57 &58 vict. S.60. Ordinance no. 10 of 1899.

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