Employment Act · s 115

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115.
Exemption from obligation to repatriate
The Commissioner may exempt the employer from liability for repatriation expenses in the following cases —
(a) when the Commissioner is satisfied that —
(i) the employee, by a declaration before the
Commissioner, has signified that he does not wish to be repatriated; and
(ii) the employee has been settled at his request or with his consent at or near the place of employment;
(b) when the Commissioner is satisfied that the employee, by his own choice, has failed to exercise his right of repatriation before the expiry of 6 months from the date of termination of the contract of service;
(c) when the liability of the employer has been provided for under any of the provisions of any fund established under section 152(3)(i);
(d) when the contract of service has been terminated otherwise than by reason of the inability of the employee to fulfil the contract of service owing to sickness or accident and the
Commissioner is satisfied that —

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(i) in fixing the rates of salary, proper allowance has been made for the payment of repatriation expenses by the employee; and
(ii) suitable arrangements have been made by means of a system of deferred pay or otherwise to ensure that the employee has the funds necessary for the payment of such expenses.

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s 115Exemption from obligation to repatriate

The Commissioner may exempt the employer from liability for repatriation expenses in the following cases —

(a)

when the Commissioner is satisfied that —

(i)

the employee, by a declaration before the

Commissioner, has signified that he does not wish to be repatriated; and

(ii)

the employee has been settled at his request or with his consent at or near the place of employment;

(b)

when the Commissioner is satisfied that the employee, by his own choice, has failed to exercise his right of repatriation before the expiry of 6 months from the date of termination of the contract of service;

(c)

when the liability of the employer has been provided for under any of the provisions of any fund established under section 152(3)(i);

(d)

when the contract of service has been terminated otherwise than by reason of the inability of the employee to fulfil the contract of service owing to sickness or accident and the

Commissioner is satisfied that —

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(i)

in fixing the rates of salary, proper allowance has been made for the payment of repatriation expenses by the employee; and

(ii)

suitable arrangements have been made by means of a system of deferred pay or otherwise to ensure that the employee has the funds necessary for the payment of such expenses.