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.
[19th 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 contract 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 handicraftsman,
engine-driver or fireman, boatinan, any person engaged for

As amended by Law Rev. Ord., 1939.





service on board any launch, motor boat, cargo boat, fishing
junk or trading junk, shop or office assistant, messenger,
lift attendant, godown-keeper, tallyman, watchman, labourer,
servant in husbandry or manufacture, coachman, groom or other
stable servant, gardener or other garden servant, bearer of
private chair, puller or propeller of private jinrikisha, water
carrier, domestic 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 under this Ordinance.

4. Every contract of service (except in the case of hire by
the day, job or journey) shall until the contrary is proved 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 is determined in the manner
prescribed in section 5.

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

5. Every such contract may be determined-
(1) by either party thereto giving to the other notice to
determine such contract at the termination of one calendar month
from the date of such notice; or

(2) at any time without notice by the employer paying to
the servant in lieu of such notice the wages, if any, due to him
for the time he has served and a further sum of money equal to
one month's wages from the date of the determination of such
contract.

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

7. Every such contract 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

* As amended by Law Rev. Ord., 1939.





or trading junk before the European police officer in charge of
the police station of the district in which such contract is made,
who shall before the execution 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.

8. No such 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 a
contract to serve within the Colony may do so in writing in the
presence of two witnesses who shall certify as, such witnesses
that the contract was, before the execution 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 from 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, may, 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 executed within the Colony.

12. Every question between the parties to any contract of
service respecting wages, and every question respecting any
alleged wrongful determination of any contract of service, shall
be heard and determined by a magistrate in a summary
manner in accordance with the law regulating procedure before
magistrates.

13. On the hearing of any complaint for the recovery of

As amended by No. 10 of 1932 [27.5.32]
As amended by Law Rev. Ord., 1939.





wages the magistrate may order that the whole or any 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.

14. 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, order the party in
default to pay to the other party any sum not exceeding one
month's wages by way of compensation for the wrongful deter-
mination of the contract.

15. The wages of a servant shall, in the absence of agree-
ment to the contrary, be payable monthly.

16. No wages shall be payable to any servant for the period
of his term of service during which he has undergone sentence
of imprisonment.

17. 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.

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

19. Nothing in this, Ordinance shall prevent the application
of the criminal law to the parties to a contract of service.

20. Nothing in this Ordinance shall be deemed to affect in
any way the provisions of the Merchant Shipping Act, 1894,

As amended by No. 10 of 1932 [27.5.32]
As amendbd by Law Rev. Ord., 1939.

or the Merchant Shipping Ordinance, 1899, with reference to
the engagement of seamen and to agreements with seamen made
by masters of ships.
[Originally No. 45 of 1902. No. 10 of 1932. Law Rev. Ord., 1939.] Short title. Interpretation. Person over sixteen may contract. Contract if 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 of contract. Contract made beyond Colony for execution within. What conditions shall be stated therein. Indorsement of contract by magistrate. Questions respecting wages and wrongful determination of contract to be determined by magistrate. [cf. Ord. No. 41 of 1932.] Power of magistrate over wages. Power of magistrate in cases of wrongful determination of contract. Wages payable monthly. Forfeiture of wages. Parties, their husbands and wives competent as witnesses. 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. C. 60. Ordinance No. 10 of 1899.

[Originally No. 45 of 1902. No. 10 of 1932. Law Rev. Ord., 1939.] Short title. Interpretation. Person over sixteen may contract. Contract if 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 of contract. Contract made beyond Colony for execution within. What conditions shall be stated therein. Indorsement of contract by magistrate. Questions respecting wages and wrongful determination of contract to be determined by magistrate. [cf. Ord. No. 41 of 1932.] Power of magistrate over wages. Power of magistrate in cases of wrongful determination of contract. Wages payable monthly. Forfeiture of wages. Parties, their husbands and wives competent as witnesses. 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. C. 60. Ordinance No. 10 of 1899.

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