Extra-territorial contracts

(1) When a contract made within Belize relates to employment in another territory, in this section referred to as the territory of employment, then this Part shall apply in the following manner, (a) attestation of the contract required by section 52, shall take place before an attesting officer before the worker leaves Belize; 56 (b) the medical examination required by section 53, shall take place at the latest at the time and place of the departure of the worker from Belize; (c) a person whose apparent age is less than either sixteen years or the minimum age of capacity for entering into contracts prescribed by the law of the territory of employment, if such minimum age is higher than sixteen years, shall not be capable of entering into such a (d) the period of service stipulated in the contract in the case of a worker accompanied by his family, shall not exceed either three years or the maximum period prescribed by the law of the territory of employment if such maximum period is less than three years; (e) where the worker is not accompanied by his family, the period of service stipulated in the contract shall not exceed two years, or the maximum period prescribed by the law of the territory of employment, if such maximum period is less than two years; (f) the conditions under which the contract is subject to termination shall be determined by the law of the territory of employment; (g) the Commissioner shall co-operate with the appropriate authority of the territory of employment to ensure the application of (h) the period of service stipulated in any re- engagement contract shall not exceed the maximum period allowed by this Act, or the maximum period allowed by the law of the territory of employment, if the latter maximum period be less than the former. (2) When a contract made within another territory, in this section referred to as the territory of origin, relates to employment in Belize, the provisions of this Act shall apply in the following manner– (a) the conditions under which the contract is subject to termination shall be determined by the provisions of this Act; (b) if the employer fails to fulfil his obligations in respect of repatriation, the said obligations shall be discharged by the Commissioner and any expenses incurred by the Commissioner in so doing may be recovered by him from the employer as a civil debt; (c) the authority which may exempt the employer from liability for repatriation expenses shall be the Commissioner; (d) the Commissioner shall co-operate with the appropriate authority of the territory of origin to ensure the application of section 60 (2). (3) When the Convention is not in force for both the territory of origin and the territory of employment, the provisions set forth in sub-sections (1) and (2), shall apply subject to the following provisions– (a) when the Convention is not in force for the territory of employment, the attesting officer of Belize shall not attest the contract unless he is satisfied that the worker will be entitled in the territory of employment, either by virtue of the law of that territory or by virtue of the terms of the contract, to the rights and protection specified in sections 57 to 61; (b) when the Convention is not in force in the territory of origin– (i) the attestation of the contract required by section 52, shall take place before an attesting officer of Belize as soon as is practicable after the worker enters Belize; (ii) the provisions of section 52 (5) shall apply; and (iii) the medical examination required by section 53, shall take place as soon as is practicable after the worker enters Belize, unless the attesting officer of Belize is satisfied that the matters specified in subparagraphs (i), (ii) and (iii) of this paragraph, have in fact been dealt with in accordance with the terms of the Convention by the appropriate authority of the territory of origin. (4) The Government shall, whenever necessary or desirable, enter into agreements with the Governments of other territories for the purpose of regulating matters of common concern arising in connection with the application of the provisions of the Convention, and may in any such agreement derogate from sub- sections (1) and (2) in respect of contracts made in one territory party to the agreement for employment in another such territory.