Written contracts of employment shall be provided to you as a worker in your native language, clearly indicating the rights and responsibilities and conditions of employment, including wages, benefits, working hours, locations of the work, living conditions, housing and associated costs, work-related hazards, and other working and employment conditions.
Foreign migrant workers shall be provided with a copy of their employment contract at least five days prior to deployment in their native language.
Workers with difficulty understanding the written contract shall be given a verbal explanation of the contract’s terms and conditions.
The use of supplemental contracts must be limited only to expand upon and clarify or enhance the terms of the original contract. Such practice is permitted only where each of the terms of the supplemental contract is (1) not in conflict with the corresponding term of the original contract and (2) is as or more favourable than the original contract.
The required notice period for workers to terminate their contracts early shall not exceed the agreed number of days for notice period as specified in and agreed upon in the employment contract, and once they have begun working, workers shall not be penalized for early termination of their employment contract upon giving the required notice.
The notice period shall be waived in situations where the worker has suffered harassment or abuse, is a victim of forced labor, or where there is ‘material breach’ or ‘fundamental breach’ by the employer. In such cases the employer shall also be responsible for paying the cost of return transportation for the affected worker.
Terms in your employment contract that you need to understand:
1. Contract period: including start date, end date, probationary period (if applicable), termination terms (e.g., worker may voluntarily terminate contract prior to the termination date for any reason, without penalty, by giving notice to your company for the agreed number of days for notice period as specified in and agreed upon in the employment contract)
2. Travel expenses: including that your company shall bear the expenses of the worker’s travel from their home country to the work site at the beginning of employment, and return travel at the conclusion of employment only.
3. Loans: if your company wishes to do so, it may offer migrant workers an interest-free personal loan when the worker reaches the receiving country for the first time. The loan cannot exceed one month’s salary. Monthly installments, not exceeding 10% of the monthly basic salary, will be subtracted from the worker’s wages to pay off the loan
4. Wages and working hours: including regular work hours, overtime premium, weekly rest day(s), wage payment frequency (e.g., every two weeks)
5. Accommodation and meals: for example, your company will provide migrant workers with free accommodation, electric power, potable water, and toilet/washing facilities, or it will provide housing allowance
6. Transportation: for example, your company shall provide the workers with free transportation from the accommodation to the workplace and back each working day, or it will provide transportation allowance
7. Medical Care and Social Welfare: including appropriate treatment and compensation for work-related injuries and illnesses
8. Leaves: including annual leave, paid time off, official holidays, sick leave
9. General provisions: including job duties, assurance that your company will not charge workers recruitment fees, assurance that your company will not take possession of workers’ identification documents (passports) and medical insurance.