Repatriation

(1) Every worker who is a party to a contract and who has been brought to the place of employment by the employer or by any person acting on behalf of the employer shall have the right to be repatriated at the expense of the employer to his place of origin or engagement whichever is nearer to the place of employment in the following cases– (a) on the expiry of the period of service stipulated in the contract; (b) on the termination of the contract by reason of the inability of the employer to fulfil the (c) on the termination of the contract by reason of the inability of the worker to fulfil the contract owing to sickness or accident; (d) on the termination of the contract by agreement between the parties, unless the agreement otherwise provides; (e) on the termination of the contract by the Commissioner on the application of either of 52 the parties, unless the otherwise decides. (2) Where the family of the worker has been brought to the place of employment by the employer or by any person acting on behalf of the employer, the family shall be repatriated at the expense of the employer whenever the worker is repatriated or in the event of his death. (3) The expenses of repatriation shall include– (a) travelling and subsistence expenses or rations during the journey; and (b) subsistence expenses or rations during the period, if any, between the date of termination of the contract and the date of repatriation. (4) The employer is not liable for subsistence expenses or rations in respect of any period during which the repatriation of the worker has been delayed– (a) by the worker’s own choice; or (b) for reasons of force majeure, unless the employer has been able during the said period to use the services of the worker at the rate of wages stipulated in the contract. (5) Where the employer fails to fulfil his obligations in respect of repatriation, the said obligations shall be discharged by or under directions of the Commissioner, and any sums so expended may be recovered from the employer by civil suit. (6) Any employer who fails without reasonable excuse to comply with any of the provisions of this section relating to the repatriation or payment of expenses of repatriation of any worker or the family of any worker commits an offence. 53